The Sixth Amendment and Criminal Sentencing

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 important, the opp...

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Bibliographic Details
Authors: Bibas, Stephanos (Author) ; Klein, Susan R. (Author)
Format: Electronic Book
Language:English
Published: 2008
In:Year: 2008
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
Description
Summary: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 important, 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