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Today's Read: "To Sever or Not To Sever? Why Blakely Requires Action by Congress"

By Tom Lincoln

At Sentencing Law and Policy Professor Berman has posted a link here to an article by University of Chicago Professor Albert W. Alschuler entitled "To Sever or Not To Sever? Why Blakely Requires Action by Congress." It is interesting reading, and it proposes Congressional action on the guidelines to accomodate Blakely. It is critical of those who say "go slow" - i.e., Professor Berman and others - as well as of those who favor mandatory minimums. He says that regardless of how the Supreme Court resolves the issue of severability, it is hard to imagine that the Court would not apply Blakely to the federal sentencing guidelines. He also discusses the various solutions attempteed by the Courts, particulary the district courts...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 17, 2004 (boomark / email).