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Yet another insightful ivory tower view of modern sentencing realities

By Douglas A. Berman

The stack of important academic reading for Blakely and Booker fans gets even longer with this new piece now on SSRN authored by Professors Stephanos Bibas and Susan Klein. This article is simply titled "The Sixth Amendment and Criminal Sentencing," and here is the abstract: This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems.  The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally importantly, the opposing sides in this debate have begun to form a stable consensus.  These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors...continue to full post

Full post as published by Sentencing Law and Policy on March 15, 2008 (boomark / email).