Abstract

http://ssrn.com/abstract=669523
 
 

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The Untimely Death (and Rebirth?) of the Federal Sentencing Guidelines


Craig Green


Temple University - James E. Beasley School of Law


Georgetown Law Journal, Spring 2005

Abstract:     
This essay analyzes the Supreme Court's recent decisions concerning the Federal Sentencing Guidelines' constitutionality. I argue that the application of recent 6th Amendment jurisprudence to nonstatutory sentencing rules was a legal error, and one that may carry important political consequences. Especially combined with the Court's remedial decision - to render the Guidelines advisory and require reasonableness review by the courts of appeals - I suggest that the Guidelines Cases may yield an interbranch struggle with Congress over sentencing policy that the Court is not equipped to win.

Number of Pages in PDF File: 49

Keywords: Sixth Amendment, jury trial, sentencing guidelines, criminal procedure, sentencing, mandatory minumum

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Date posted: February 28, 2005  

Suggested Citation

Green, Craig, The Untimely Death (and Rebirth?) of the Federal Sentencing Guidelines. Georgetown Law Journal, Spring 2005. Available at SSRN: http://ssrn.com/abstract=669523

Contact Information

Craig Green (Contact Author)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
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