RT Book
T1 The Sixth Amendment and Criminal Sentencing
A1 Bibas, Stephanos
A1 Klein, Susan R.
A2 Klein, Susan R.
LA English
YR 2008
UL https://krimdok.uni-tuebingen.de/Record/1866157205
AB 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