WASHINGTON - When a closely divided Supreme Court clamped down on judges' sentencing power at the end of its term, Justice Stephen G. Breyer dissented.
The court held that juries, beyond a reasonable doubt, rather than judges by the lesser preponderance-of-the-evidence standard, must make the findings that justify boosting a sentence above the normal range. Blakely v. Washington, 124 S.Ct. 2531 (U.S. Sct., June 24, 2004).
Breyer complained that, under th... (continued)
Aug. 9, 2004
Justice Stephen G. Breyer
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this Judicial Profile for $85
(Purchase provides 7-day access to this Judicial Profile. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In