Comments on: Sentencing Guidelines Decision http://patterico.com/2005/01/13/sentencing-guidelines-decision/ Harangues that just make sense Wed, 07 Jan 2009 07:48:41 +0000 http://wordpress.org/?v=2.6.5 By: Kevin Murphy http://patterico.com/2005/01/13/sentencing-guidelines-decision/#comment-7893 Kevin Murphy Tue, 30 Nov 1999 00:00:00 +0000 /?p=2572#comment-7893 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 <a href="http://volokh.com/archives/archive_2005_01_07.shtml#1105567749" rel="nofollow">Orin Kerr's take on Booker/Blakely</a>? 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?

]]> By: Ken http://patterico.com/2005/01/13/sentencing-guidelines-decision/#comment-7894 Ken Tue, 30 Nov 1999 00:00:00 +0000 /?p=2572#comment-7894 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. 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.

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