The Sixth Amendment and Criminal Sentencing
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
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.
Number of Pages in PDF File: 32
Date posted: March 14, 2008 ; Last revised: April 7, 2010
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