The Sixth Amendment and Criminal Sentencing

32 Pages Posted: 14 Mar 2008 Last revised: 7 Apr 2010

Stephanos Bibas

University of Pennsylvania Law School

Susan R. Klein

University of Texas School of Law

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.

Suggested Citation

Bibas, Stephanos and Klein, Susan R., The Sixth Amendment and Criminal Sentencing. 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. Available at SSRN: https://ssrn.com/abstract=1105503

Stephanos Bibas (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-2297 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/

Susan R. Klein

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1324 (Phone)
512-471-6988 (Fax)

HOME PAGE: http://www.utexas.edu/law/faculty/sklein/

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