Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 26 May 2019

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.

Keywords: procedural rules, sentencing decisions, constitutional law, criminal sentencing, due process safeguards, Supreme Court, constitutional holdings, constitutional regulation

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.