  |
|
|
||||
|
||||
The Sixth Amendment and Criminal Sentencing
Stephanos Bibas University of Pennsylvania Law School Susan R. Klein University of Texas School of Law Cardozo Law Review, 2008 U of Texas Law, Public Law Research Paper No. 135 U of Penn Law School, Public Law Research Paper No. 08-20 Abstract: This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally importantly, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants. Accepted Paper Series Date posted: March 14, 2008 ; Last revised: April 02, 2009Suggested CitationContact Information
|
|
|||||||||||||||||
© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use Privacy Policy
This page was served by apollo2 in 0.172 seconds.
Download
Facebook
Twitter
Digg
Del.icio.us
CiteULike
