The Sixth Amendment and Criminal Sentencing

Authors

Stephanos Bibas, University of Pennsylvania Law School
Susan Klein, University of Texas School of LawFollow

Abstract

This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Judges | Law

Recommended Citation

Stephanos Bibas & Susan Klein, The Sixth Amendment and Criminal Sentencing, 30 Cardozo L. Rev. 775 (2008).
Available at: https://larc.cardozo.yu.edu/clr/vol30/iss3/6