Wilma Page was convicted by a federal jury of possessing 45 grams of cocaine and faced a prison term under the Federal Sentencing Guidelines of 21 years and 10 months
At the sentencing hearing, the judge considered the presentence report which disclosed that Page had used a gun during the commission of the crime and that Page was responsible for the distribution of an additional 25 grams of cocaine, conduct for which Page was not criminally charged. This so-called "uncharged misconduct" would increase Page's sentence by an additional 24 months. After the sentencing hearing, the judge imposed upon Page an enhanced sentence of 23 years and 10 months. Page appeals based on the U.S. Supreme Court rulings in Booker and Blakely on judge-issued sentencing enhancements. How should the appeals court rule?
What will be an ideal response?
ANSWER: Answers may vary: Students should recognize that, in accordance with the defendant's Sixth Amendment right, factors considered in making a defendant's sentence longer must be determined by a jury beyond a reasonable doubt and not imposed arbitrarily by a judge.
You might also like to view...
The first ten amendments of the United States Constitution are collectively known as the Bill of Rights
Indicate whether the statement is true or false
Heavy _____ burden, prosecutors, defense attorneys and judges
Fill in the blank(s) with the appropriate word(s).
Research has shown that those who participate in faith-based groups in prison traditionally: a. do better than those who do not once released, but the differences quickly fade
b. do better than those who do not once released, and over the long term remain crime-free. c. do worse than those who do not once released. d. have shown no clear differences.
_________terrorists use violence to frighten those in power and their supporters in order to replace the existing government with a regime that holds acceptable political or religious views
A) ?Retributive B) ?Political C) ?Revolutionary D) ?State-sponsored