Tuesday, June 29, 2004

Law Professors Approve My Idea!

Though, perhaps they didn't realize it was my idea. In fact, my idea was simply that Congress take Blakely as a hint to start over. At any rate, two law profs recommend that Congress change the Guidelines and make them advisory, restoring judicial discretion but allowing appeals courts to determine when sentences have strayed too far from what should be the norm.


Blogger Tom said...

The article you cite says that federal prosecutors are trying to write plea bargains that will survive the new rule, but aren't sure how to do it. I would think it would be easy. The majority opinion in the latter said that people can wave their Apprendi rights in bargains, so all prosecutors have to do is write those waivers in. In that sense, I think it gives power to defendants in that it gives them another chip to bargain with. Since I think that prosecutors have too much power now, I'm fine with that, but others may disagree.

June 30, 2004 at 5:04 PM  
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