To Sever or not to Sever? Why Blakely Requires Action by Congress

The Supreme Court's decision in Blakely v. Washington requires a response from Congress, but the Senate has merely passed a resolution indicating its hostility to Blakely and urging the Supreme Court to make the issue go away while the House has done less. Alschuler proposes a sentencing system...

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Bibliographic Details
Published in:Federal sentencing reporter 2004-10, Vol.17 (1), p.11-19
Main Author: ALSCHULER, ALBERT W.
Format: Article
Language:English
Subjects:
Constitutional law
Criminal justice
Criminal sentences
Criminal sentencing
Defendants
Determinate sentences
Federal legislation
Judges
Juries
Parole
Sentenced offenders
Sentencing guidelines
Statutory law
Supreme Court decisions
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Summary:The Supreme Court's decision in Blakely v. Washington requires a response from Congress, but the Senate has merely passed a resolution indicating its hostility to Blakely and urging the Supreme Court to make the issue go away while the House has done less. Alschuler proposes a sentencing system that courts could not implement without Congressional action -- one in which judges would be guided but not bound by sentencing guidelines, in which they would impose determinate sentences not subject to adjustment by a parole board, and in which their sentences would be subject to appellate review for reasonableness and proportionality.
ISSN:1053-9867
1533-8363
DOI:10.1525/fsr.2004.17.1.011