Judicial Nullification
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Authors
Antkowiak, Bruce A.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|It is an act constituting felonious understatement to say that the right to trial by jury has assumed a heightened importance in the Criminal Justice System. Since the United States Supreme Court's pronouncement in Apprendi v. New Jersey, there has been a continental shift not only in the structure of criminal sentencing but also in the basic concept of power sharing throughout the system. When the Supreme Court, in Blakely vs. Washington, said that it most certainly meant what it said in Apprendi, which was: a jury, not a judge, has the constitutional authority to make factual findings about a case where those findings operate to extend the maximum penalty a defendant faces; the Blakely Court said more than just that it was time to revisit a Guideline scheme of sentencing in which the parties sometimes engaging in the sophistry of whether someone's role was "minor" rather than "minimal."...
Description
Citation
38 Creighton L. Rev. 545 (2004-2005)
Publisher
Creighton University School of Law