« Reviewing the nature and stakes for death penalty ballot initiatives in three states | Main | Coming SCOTUS argument "week" (lasting one day) should still be of interest to criminal justice fans »

October 9, 2016

"Betterman v. Montana and the Underenforcement of Constitutional Rights at Sentencing"

The title of this post is the title of this new essay authored by Carissa Byrne Hessick now available via SSRN. Here is the abstract:

This past Term, in Betterman v. Montana, the U.S. Supreme Court took up the question whether the Sixth Amendment’s speedy trial guarantee applies to sentencing proceedings. In a unanimous opinion by Justice Ginsburg, the Court held that it does not.  Perhaps in order to achieve unanimity, Betterman left open important questions, which may ultimately allow defendants, at least in some situations, to demand a speedy sentencing.  But, as this short commentary explains, Betterman represents an unfortunate example of the courts’ tendency to underenforce constitutional rights at sentencing.

October 9, 2016 at 05:58 PM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB