Preventing the Erosion of Sixth Amendment Protections: Defining the Jury's Role under the Federal Sentencing Guidelines: United States v. Booker

Authors

Hollyce L. Winters

Abstract

The Supreme Court held that, as originally written, the Federal Sentencing Guidelines required judges to impose enhanced sentences based on judicial fact-finding that exceeded the statutory maximum supported by a jury verdict in violation of the criminal defendant's Sixth Amendment rights. The Supreme Court applied a remedy that made the Federal Sentencing Guidelines advisory rather than mandatory.

United States v. Booker, 125 S. Ct. 738 (2005).

First Page

147

Recommended Citation

Hollyce L. Winters, Preventing the Erosion of Sixth Amendment Protections: Defining the Jury's Role under the Federal Sentencing Guidelines: United States v. Booker, 44 Duq. L. Rev. 147 (2005).
Available at: https://dsc.duq.edu/dlr/vol44/iss1/11