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April 13, 2007

More weekend Sixth Amendment reading

For anyone seeking a weekend reading companion to "Apprendi's Domain" (discussed here), there is another newly published piece on sentencing after the Supreme Court's modern Sixth Amendment revolution.  I fear this piece is only available via paid on-line services, but here's the cite and the introduction's first paragraph:

Graham C. Mullen & J.P. Davis, Mandatory Guidelines: The Oxymoronic State of Sentencing After United States v. Booker, 41 U. Rich. L. Rev. 625 (2007):

"Like a vampire buried without a stake, mandatory sentencing guidelines have been resurrected to stalk our jurisprudence once more.  When the Supreme Court announced the end of the mandatory Sentencing Guidelines regime in United States v. Booker, many expected to see a major paradigm shift in the way sentences were handed down. A year and half has passed since Booker, but little has changed.  Judges are still enhancing sentences based on facts neither found by a jury nor admitted by the defendant, and nearly two-thirds of all sentences are within the prescribed Guidelines range, a difference of less than ten percent from pre-Booker levels. While the principal results of sentencing remain the same, the logistics of sentencing have changed. Sentencing has become more complicated than ever before and consumes more judicial time and resources.  The ultimate result is that the constitutional issues behind Booker and its parent case Apprendi v. New Jersey have been glossed over while the federal courts grow more backlogged in the process."

April 13, 2007 at 05:05 PM | Permalink


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