Perspective
Dec. 23, 2014
Sentencing in 2014, through the lens of the 9th Circuit
In 2014, the 9th Circuit considered three cases intended to further clarify the distinction between guilt determination and sentencing. What insights do they offer? By Menno Goedman
By their language and interpretation, the Fifth and Sixth Amendments of the U.S. Constitution ensure that an individual accused of a serious crime must, upon request, be tried before an impartial jury of his or her peers. The paramount function of the jury at trial is to determine the fact of an individual's guilt or innocence. For the past 15 years, the U.S. Supreme Court has endeavored to distinguish facts that relate to questions of guilt ...
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