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December 8, 2006

Another notable Note on the Sixth Amendment's reach

In this recent post, I spotlighted a new Columbia Law Review Note exploring how Blakely might affect orders of restitution and forfeiture.  Today it's time to note a notable Note in the Yale Law Journal.  This Note is entitled "Sentencing Organizations After Booker" and is available at this link. Here is the abstract:

In United States v. Booker, the Supreme Court held that courts violate individuals’ right to a jury trial when they sentence individuals using judge-found facts in combination with mandatory sentencing guidelines.  The Supreme Court, however, has never decided exactly when organizations are entitled to a criminal jury.  Accordingly, Booker's full implications for the organizational sentencing guidelines are not immediately clear.  Nonetheless, a careful reading of the law suggests that organizations are entitled to a jury in at least most federal criminal cases and thus that Booker's logic should apply to the organizational guidelines.

December 8, 2006 at 06:21 PM | Permalink


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