Judge, Jury and Sentencing Guidelines: Their Respective Roles Following the Supreme Court's Decision in Blakely v. Washington (CRS Report for Congress)
| Release Date |
Sept. 15, 2004 |
| Report Number |
RS21876 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
In Apprendi v. New Jersey , 530 U.S. 466 (2000), the United States Supreme Court
held that except
in the case of recidivists a judge could not sentence a criminal defendant to a term of imprisonment
greater than that which the statutory maximum assigned to the crime for which he had been
convicted by the jury. In Blakely v. Washington , 124 S.Ct. 2531 (2004), the Court made
it clear that
Apprendi meant that when sentencing a criminal defendant under sentencing guidelines
a judge may
proceed up the severity scale only so far as the specific findings of the jury will allow. Facts new
to a jury's verdict or to a defendant's guilty plea may not be relied upon for a judicially determined
"upward departure" or other enhancement in order to impose a sentence more severe than the verdict
or plea alone will support. Although it arose out of a state sentencing proceeding,
Blakely has
obvious implications for the federal guidelines system. It appears that to the extent to which that
system permits sentence enhancements based on judicial findings of "relevant conduct," "sentencing
factors," or grounds for "upward departures," the facts upon which they are based must have been
presented to the jury or the right must have been clearly waived. Although it may constitute
prosecutorial inconvenience, the obligation apparently may be honored by including the facts
establishing the relevant conduct, sentencing factors or grounds for upward departure in the
indictment or information prior to trial. In cases decided by plea without a trial, it apparently need
only be reflected in the plea agreement
The Supreme Court has agreed to consider Blakely 's implications for the federal
sentencing
guidelines, United States v. Booker , cert. granted , U.S.
(2004); United States v. Fanfan , cert.
granted , U.S. (2004). Related reports include CRS Report RL32573(pdf) , United States Sentencing
Guidelines and the Supreme Court: Booker, Fanfan, Blakely, Apprendi, and Mistretta ,
available in
abridged form as CRS Report RS21932 , United States Sentencing Guidelines After Blakely:
Booker
and Fanfan -- A Sletch .
