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

49 Pages Posted: 28 Feb 2005  

Craig Green

Temple University - James E. Beasley School of Law

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.

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

Suggested Citation

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

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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