[20050321]RS21932_Blakely之后的美国量刑指南：布克与范凡——素描.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21932Updated March 21, 2005United States Sentencing Guidelines AfterBlakely: Booker and Fanfan A Sketch name redactedSenior SpecialistAmerican Law DivisionSummarySentencing in federal court has been governed by the United States SentencingGuidelines. The Supreme Court has upheld the Guidelines in the face of arguments thatthey constituted an unconstitutional delegation of authority and an affront to theseparation of powers. Yet thereafter, the Court held that due process and the right to acriminal jury trial require that any fact (other than the fact of a prior conviction) thatincreases the penalty for a crime beyond the statutory maximum must be submitted tothe jury and proved beyond a reasonable doubt. And for this reason, the Court, inBlakely v. Washington, found constitutionally wanting a state sentence imposed byoperation of a legislative sentencing guideline procedure even though the final sentencefell beneath the maximum penalty assigned to the crime of conviction. In Booker theCourt agreed that these principles apply to the federal Sentencing Guidelines and