Abstract and Keywords
This article discusses the procedural rules that are present at sentencing decisions across the United States. It observes that there is a gap of constitutional law that is applied to criminal sentencing, aside from the death penalty. It examines the due process safeguards recognized by the Supreme Court for criminal trials and then analyzes the new constitutional holdings of Blakely v. Washington and United States v. Booker. It concludes that these cases only affect a narrow subset of the sentencing cases in the country. This article also considers the absence of constitutional regulation.
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