Pubdate: Fri, 14 Jan 2005 Source: Independent Florida Alligator, The (FL Edu) Copyright: 2005 Campus Communications, Inc Contact: http://www.alligator.org/ Details: http://www.mapinc.org/media/760 Author: Megan V. Winslow, Alligator Writer Note: The 124 page ruling is on line as a .pdf document at http://www.november.org/Blakely/BookerDecision.pdf Also: to help understand the decision the blog of Douglas A. Berman, Professor of Law has been recommended http://sentencing.typepad.com/sentencing_law_and_policy/ Bookmark: http://www.mapinc.org/topics/sentencing+guidelines Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) COURT FINDS SENTENCING GUIDELINES UNCONSTITUTIONAL Ruling's Effect on Florida Unknown Wednesday's Supreme Court decision rendering current sentencing guidelines within the federal court system unconstitutional surprised law-makers and breakers across the nation. Criminal defense attorney Larry Turner, who also is a former judge within the Eighth Judicial Circuit that includes Alachua County, said he believes the ruling is long overdue. "In effect, the decisions stand for several different propositions," Turner said. "One proposition is that juries, not judges, determine guilt and innocence ... in imposing sentences, a judge cannot increase a sentence by making findings that the jury didn't make." The ruling was handed down in two parts by the divided court. The first part found current federal sentencing guidelines violate the Sixth Amendment by allowing judges to impose harsher sentences after a jury's verdict. However, the second part allows for judges to continue to use the guidelines as an advisory tool instead of mandatory procedure. An appeals court may overturn verdicts made under the guidelines if they're found to be unreasonable. Some 60,000 defendants per year have been sentenced under the guidelines, according to the Associated Press. The two-decade-old guidelines were set by Congress in order to standardize sentencing for similar offenses. But according to many defense attorneys, including federal and state criminal defense attorney Rob Griscti, such measures proved counterproductive by failing to allow judges to consider extenuating circumstances. As a result, many inmates of the federal prison system may have received overly harsh punishments. "The sentencing guidelines had become, from a defense lawyer's standpoint, often an unfair application because they give the judge so little discretion to make decisions when there are circumstances that warrant litigation," Griscti said. The question of whether or not the Supreme Court's decision could have any effect on Florida's court system is still up in the air. Judges must adhere to Florida's guidelines, which determine minimum and maximum sentences for criminal offenses. However, there could be problems if the courts decide to adopt the federal guidelines, UF law professor Fletcher N. Baldwin said. "I would assume that [the Florida Supreme Court] would have to follow this case, and it's going to create a little bit of havoc," Baldwin said. Turner said he suspects the minimum sentencing "mandatories" could be done away with in state court. No matter what happens, however, it is going to take some time for federal and state courts to sort out the rulings and their implications, he said. "These are new decisions, major decisions," Turner said. - --- MAP posted-by: Richard Lake