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