More on Thursday's historic Court decision: Under the federal sentencing guidelines, which penalize defendants who choose to go to trial and can sharply increase sentences based on factors like the financial losses involved, a federal judge in Houston sentenced Mr. Olis, a 38-year-old midlevel executive with an infant daughter, to 24 years in prison. On Thursday, in striking down Washington State's sentencing law, the Supreme Court almost certainly also doomed the federal guidelines that generated Mr. Olis's sentence and hundreds of thousands like it. That means Mr. Olis, who has started serving his sentence while the courts consider his appeals, may be entitled to a much shorter prison term. In light of the decision, said Frank O. Bowman, an author of a treatise on sentencing law, "Olis's sentencing range would probably be zero to six months." Thursday's decision requires any factor that increases a criminal sentence, except for prior convictions, to be proved to a jury beyond a reasonable doubt. Many sentencing schemes allow or require judges to impose longer sentences based on all sorts of criteria, including the defendant's background and the nature and severity of his crime. The decision may also affect sentencing laws in at least seven states in addition to Washington and the federal system, said Kevin R. Reitz, an expert on sentencing at the University of Colorado. In all of those jurisdictions, many people sentenced in recent years may be expected to challenge their sentences. And prosecutors, defendants and judges in pending and new cases will face an altered landscape. "It throws the whole country's criminal system into turmoil," said Professor Bowman, who teaches law at Indiana University.
6/27/2004
About Me
- Name: Josh Eidelson
- Location: Sacramento, California, United States
Josh Eidelson received his Bachelor's and Master's Degrees in Political Science from Yale University, where he helped lead the Undergraduate Organizing Committee. He has written about local and national politics as an opinion columnist for the Yale DailyNews, a research fellow for Talking Points Media, and a contributor to CampusProgress.org. Views expressed here are solely his own. Contact: "jeidelson" at "gmail" dot com.
Write
Donate
Links
- American Civil Liberties Union
- American Prospect
- American Rights At Work
- Barbara Ehrenreich
- Campus Progress
- Center for Economic and Policy Research
- Change to Win
- Daily Kos
- David Sirota
- Democracy for America
- Eschaton
- Fairness and Accuracy in Reporting
- Finnegan's Wake
- Greg Palast
- Hyperempathic Politics
- Human Rights Watch
- Immigrant Worker Freedom Rides
- In All My Years
- IndyMedia
- Jewish Labor Committee
- Kensington Welfare Rights Union
- Labour Start
- Left in the West
- Mah Rabu
- MeretzUSA
- Mother Jones
- MoveOn
- MyDD
- National Interfaith Committeee for Worker Justice
- Nathan Newman
- The Nation
- National Gay and Lesbian Task Force
- New Israel Fund
- Progressive States Network
- Progressive Patriots Fund
- Progressive Review
- The Reaction
- SNAPNotes
- Talking Points Memo
- TPM Cafe
- Wal-Mart Watch
- Weapons of Class Instruction
- Working Life
Previous Posts
- The Illinois Republican Party scrambles to find a ...
- Korean hospital workers win a five-day week: Th...
- Just in case there was any question about who the ...
- The LA Times reports on SEIU's next great labor st...
- Apparently, it's only torture if someone gets kill...
- The Philadelphia Inquirer reports on the impact na...
- Looks like he's got something to hide: Vice Pre...
- The Supremes make a predictably bad decision allow...
- Sovereignty ain't what it used to be: The Bush ...
- Another shameful moment for the Anti-Defamation Le...
0 Comments:
Post a Comment
<< Home