Document Type
Article
Publication Date
2008
Abstract
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
Keywords
Criminal Law and Procedure
Publication Title
Cardozo Law Review
Repository Citation
Bibas, Stephanos and Klein, Susan R., "The Sixth Amendment and Criminal Sentencing" (2008). All Faculty Scholarship. 921.
https://scholarship.law.upenn.edu/faculty_scholarship/921
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, Criminology and Criminal Justice Commons, Jurisprudence Commons, Law and Society Commons, Public Law and Legal Theory Commons, Social Control, Law, Crime, and Deviance Commons
Publication Citation
30 Cardozo L. Rev. 775 (2008).