HUNTINGTON BEACH, Calif., June 27, 2004 (PRIMEZONE) -- LEGAL FEATURE -- The U.S. Supreme Court's 5-4 decision in Blakely v. Washington, issued this past Thursday -- June 24, 2004 -- heralds a fundamental change in federal and state criminal law.
The decision to require prosecutors to prove sentencing factors as part of their case versus judges determining sentencing will have an immediate impact on how federal and state prosecutors bring criminal cases -- and likely will result in a significant reduction in guilty pleas and far more cases going to trial.
Ultimately, the constitutionality of federal and state sentencing guidelines will come into question as well as the controversial mandatory minimum sentencing statutes that have filled United States prisons beyond capacity.
In a nation that now imprisons more than two million individuals -- and currently has one-quarter of the world's prisoner population -- the Blakely decision is perhaps the most significant criminal case of our time.
Given the extraordinary impact of Blakely v. Washington, virtually every major news organization is publishing editorials and/or feature articles on the significance of the Blakely decision and the resulting turmoil it is expected to cause.
If you are preparing breaking news on this item, and need expert commentary, a Federal sentencing expert is available for immediate commentary and interviews:
Mark H. Allenbaugh, an attorney in private practice, is a nationally-known authority on federal and state sentencing law, and is Co-Editor of Sentencing, Sanctions and Corrections: Federal and State Law, Policy and Practice (2002).
He is a former staff attorney with the U.S. Sentencing Commission and currently serves as the Chair of the Federal Sentencing Guidelines Task Force for the D.C. Chapter of the Federal Bar Association. Allenbaugh also Co-Chairs the Federal Sentencing Guidelines Committee for the National Association of Criminal Defense Lawyers, and is a Member of the American Bar Association's Corrections and Sentencing Committee as well as the Practitioners Advisory Group to the U.S. Sentencing Commission. He is available for both phone and on-air/in-person interviews.
For more information, Mark Allenbaugh can be reached at (714) 654-9474 or at mark@fedsentencing.com.