DEATH BY A THOUSAND CASES: AFTER BOOKER, RITA, AND GALL, THE GUIDELINES STILL VIOLATE THE SIXTH AMENDMENT.

Autor: Holman, David C.
Předmět:
Zdroj: William & Mary Law Review; Oct2008, Vol. 50 Issue 1, p267-309, 43p
Abstrakt: The article focuses on the violation of the Federal Sentencing Guidelines of the Sixth Amendments in the U.S. It presents several cases with a violating decision of the right to a jury trial of the amendment and historical overview of the guideline. Moreover, it offers the examination of the Supreme Court's opinion on the ambiguous decisions which perpetuated the violation. Furthermore, it analyzes the tools used to enforce the guidelines and demonstrate its contributions to unconstitutionality.
Databáze: Complementary Index