Patterico’s Pontifications

1/13/2005

Sentencing Guidelines Decision

Filed under: Court Decisions — Patterico @ 7:28 am

The big news of the day, from my point of view, is the Supreme Court decision on the constitutionality of the federal Sentencing Guidelines. As usual, the best place to read about it is at How Appealing.

2 Comments

  1. What, if any, is the impact of this and the previous sentencing decision on California? It’s my understanding that sentencing in CA is partly based on information available to the judge but not mediated by the jury. Are Blakely and Booker in contradiction here?

    Separately, do you aree with Orin Kerr’s take on Booker/Blakely?

    Comment by Kevin Murphy — 1/13/2005 @ 9:32 am

  2. The decision seems to stir hash in hopes of reconstituting whole steaks, potatoes, and carrots.

    It is not retroactive? Lower courts can use the guidelines if they don’t feel bound by them? Sentences can’t be increased due to evidence not presented in court but they can be decreased?

    Sure! It all makes sense to fine legal minds.

    But sentencing did need revision. The SC has made a start. Law is partly art. And judges, like dancers, do not have the luxury of hiding a misstep.

    Comment by Ken — 1/13/2005 @ 3:02 pm

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