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Train Wreck? Or Can The Federal Sentencing System Be Saved? A Plea For Rapid Reversal Of Blakely V. Washington, Frank O. Bowman Iii
Train Wreck? Or Can The Federal Sentencing System Be Saved? A Plea For Rapid Reversal Of Blakely V. Washington, Frank O. Bowman Iii
Faculty Publications
In Blakely v. Washington, the Court found the Washington State Sentencing Guidelines unconstitutional, placed the validity of the Federal Sentencing Guidelines in the gravest doubt, and cast a shadow of deep uncertainty over many state sentencing systems and the entire twenty-five-year sentencing reform movement. Over the next year, legal publications will be deluged with sober analyses, exegeses, dissections, and deconstructions of the doctrinal origins and long-term effects of Blakely. If the big train wreck really happens, I expect I'll write a few myself. However, it is early for that sort of thing since so much about Blakely remains unclear. Indeed, …
Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur
Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur
Faculty Scholarship
Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article …