Blakely v. Washington
Since I started writing for the blog, i've been trying to find a way to post about the Blakely v. Washington decision. (My friend suggested I go directly to the Supreme Court's opinion, but that was in a language I couldn't understand). I finally found a one page, easy to read description of it. It's from the Senencing Project and it's in their In The News section. I grabbed a few lines to entice you.
In Blakely, the Court overturned a sentence imposed under Washington State's sentencing system which permits judges to enhance the sentences of defendants based on information that has not been proven beyond a reasonable doubt to a jury.The impact of the Blakely decision was felt almost immediately in the Federal court system.
Blakely introduces a new energy into the debate about sentencing policy and an opportunity to consider fundamental questions of fairness and effectiveness in our nation’s courts systems. The Sentencing Project looks forward to contributing to this fresh dialogue and to encouraging constructive change where it is sorely needed.
Now that i know where to read about Blakely (in a language I can understand) I plan to post more about it.
Posted by katherine at 11:30 AM
Comments
The DEA can conjure up evidence and the Federal Courts can convict you on preponderences without an iota of tangible evidence. Then the judge says at sentencing,"well, it looks like he, the defendant, might have been at this other event even though testimony stated that the event was on another date", therefore this is relevant conduct and augment the sentence up to 23 years. This is, in fact, a gross violation of this defendant's 6th Amendment Rights. Furthermore, the standard used by the judge was less than a prepondernce of the evidence. Even though the U.S. Supreme Court ordered that Washington State violated Blakely's 6th Amendment Rights and ordered that the case be retried not inconsistent with its decision, the Federal Government, According to the 5th Circuit Court of Appeals, is immune from abiding by the Supreme Court ruling. In essence, the federal government can violate constitutional rights and federal judges can use relevant conduct to increase a defendant's sentence. It is amusing to remember government classes and the study of the judicial system and how unequivocable it was stated that the US Supreme Court was the highest court of the land and that its decisions would become case law that would be honored by all lower courts. The courts of Appeals seem to mock this. I may have not been paying attention or learned incorrectly when studying the judicial system and the US Supreme Court is not the highest court of the land and the Federal Government can violate the Constitution of the United States of America.
Posted by: Oscar Carvajal at January 8, 2005 11:46 PM



