NCJ Number
224742
Journal
Journal of Contemporary Criminal Justice Volume: 24 Issue: 4 Dated: November 2008 Pages: 419-436
Date Published
November 2008
Length
18 pages
Annotation
This explorative study examined upward departures (increased sentences above the sentencing guideline maximum) and the potential disparate pitfalls that might exist before Blakely v. Washington but not after Blakely.
Abstract
The U.S. Supreme Court in Blakely v. Washington limited judicial discretion, even further than the sentencing guidelines themselves. One of the purposes of sentencing guidelines is to limit discretion and reduce unwarranted disparity. Given this ruling, it is suggested that the likelihood of upward departure sentencing, an area of judicial discretion still remaining until Blakely, should result in very little, if any, unwarranted disparate decisionmaking. This study hypothesized that the extralegal variable, race/ethnicity, gender, and age, would have significant effects only before Blakely, but not after Blakely. If statistically significant relationships still exist after Blakely, it is suggested that the influence of extralegal factors should be weaker than before Blakely. The Supreme Court’s decision in Blakely v. Washington was a landmark decision, ruling that juries must determine facts before judges can increase sentences above the sentencing guideline maximum, known as upward departures. This was to reduce discretion and unwarranted disparity. This study addressed any potential effects of this landmark decision on sentencing reform efforts. Tables, notes, and references