[20040915]RS21876_法官、陪审团和量刑指南：在最高法院对Blakely v.Washington案的裁决后他们各自的角色.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21876Updated September 15, 2004Judge, Jury and Sentencing Guidelines: TheirRespective Roles Following the SupremeCourts Decision in Blakely v. Washingtonname redactedSenior SpecialistAmerican Law DivisionSummaryIn Apprendi v. New Jersey, 530 U.S. 466 (2000), the United States Supreme Courtheld that except in the case of recidivists a judge could not sentence a criminal defendantto a term of imprisonment greater than that which the statutory maximum assigned tothe crime for which he had been convicted by the jury. In Blakely v. Washington, 124S.Ct. 2531 (2004), the Court made it clear that Apprendi meant that when sentencing acriminal defendant under sentencing guidelines a judge may proceed up the severityscale only so far as the specific findings of the jury will allow. Facts new to a jurysverdict or to a defendants guilty plea may not be relied upon for a judicially determined“upward departure” or other enhancement in order to impose a sentence more severethan the verdict or plea alone will support. Although it arose out of a state sentencingproceeding, Blakely ha