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Series

Criminal Law

2009

Faculty Scholarship

Booker

Articles 1 - 2 of 2

Full-Text Articles in Law

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov Jan 2009

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov

Faculty Scholarship

At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …


Future Of Appellate Sentencing Review: Booker In The States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff Jan 2009

Future Of Appellate Sentencing Review: Booker In The States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff

Faculty Scholarship

In this Article, I look at the theoretical implications of the United States Supreme Court‘s recent contradictory sentencing cases, and I then examine how they are playing out in practice at the state level. Though Booker purports to follow, not repudiate, Blakely, its view of the role of appellate courts is wholly inconsistent with Blakely‘s view. Many states have sidestepped this contradiction by simply following Blakely and ignoring the option laid out in Booker. But at least three states have chosen to pass through the door opened by Booker. Their experiences allow us to examine the implications of Booker and …