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Is Booker Heading to Minnesota?

By Douglas A. Berman

This interesting article discusses the plight of Minnesota judges forced to sentence within a strict state guidelines regime.  Sound familiar?  Here are some excerpts describing the system and its shortcomings: The system is split into 11 levels.  The lowest levels are for the least severe crimes -- making threats or assaulting a police horse, for example.  The highest levels are for the most severe crimes, such as murder.  The system also takes into account a criminal?s history.  Each time a criminal is convicted of a crime, he is assigned points. Judges plot a criminal?s point score with the crime level to find the appropriate sentence.  The grid provides judges a fixed range for jail time. * * * Judges can depart from the grid, but a separate jury trial must be held to find sufficient aggravating factors or the defendant must agree to let the judge depart...continue to full post

Full post as published by Sentencing Law and Policy on July 28, 2008 (boomark / email).