HANDLING AGGRAVATING FACTS AFTER BLAKELY: FINDINGS FROM FIVE PRESUMPTIVE-GUIDELINES STATES

forthcoming 99 N.C. L. Rev. ___ (2021)

57 Pages Posted: 27 Apr 2021

See all articles by Nancy J. King

Nancy J. King

Vanderbilt University - Law School

Date Written: April 26, 2021

Abstract

HANDLING AGGRAVATING FACTS AFTER BLAKELY: FINDINGS FROM FIVE PRESUMPTIVE-GUIDELINES STATES*
NANCY J. KING, Forthcoming 99 N.C. L. REV. __ (2021).

This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the presumptive range. Using data provided by the sentencing commissions and courts in Kansas, Minnesota, North Carolina, Oregon, and Washington, as well as information from more than 2,200 docket sheets, the study discloses how upward departures are used in plea bargaining, sometimes undercutting policy goals; how often aggravating facts are tried and by whom; common types of aggravating facts; and the remarkably different, sometimes controversial interpretations of Blakely and Alleyne v. United States that frame each state’s practice. This new information is essential for any evaluation of presumptive sentencing guidelines systems or the appropriate scope of the doctrine established in Apprendi v. New Jersey.

Keywords: Apprendi, Blakely, Guidelines, Sentencing, Jury, plea bargaining

JEL Classification: K14, K19

Suggested Citation

King, Nancy J., HANDLING AGGRAVATING FACTS AFTER BLAKELY: FINDINGS FROM FIVE PRESUMPTIVE-GUIDELINES STATES (April 26, 2021). forthcoming 99 N.C. L. Rev. ___ (2021), Available at SSRN: https://ssrn.com/abstract=3834440

Nancy J. King (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
(615) 343-9836 (Phone)
(615) 322-6631 (Fax)

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