Williamsburg, VA (July 26, 2004) – In response to ongoing uncertainty on how the recent Supreme Court sentencing decision, Blakely v. Washington, affects the state courts, the National Center for State Courts prepared a document that analyzes this decision’s impact. It is available at www.ncsconline.org/WC/Publications/KIS_SentenBlakely.pdf.
In Blakely, the high court struck down Washington state’s sentencing method and ruled that any aggravating facts that would increase a defendant’s sentence must be proven by a jury, not decided by a judge. The decision reopened the constitutional debate on the federal sentencing guidelines, and ignited questions about how it affects sentencing by state court judges.
The overriding question: Which state courts will be affected? NCSC researchers found that most states will not be affected, but the more similar a state’s guidelines are to the federal guidelines, the greater the Blakely effect. A preliminary list of affected states includes:
Alaska
Arizona
California
Colorado
Michigan
Minnesota
New Mexico
North Carolina
Ohio
Oregon
Tennessee
Washington
The exact number, however, is difficult to gauge because some implications of the case are not yet clear, said Anne Skove, NCSC senior knowledge management analyst who prepared the document. Areas of court management and the legal process that might feel the effects the most include: plea and charge bargaining, juries, and court budgets. Potential solutions for states with Blakely issues include bifurcation, waiver, voluntary (as opposed to mandatory) guidelines, and amending guidelines to be less calibrated and with wider ranges.
The National Center, headquartered in Williamsburg, Va., is a non-profit court reform organization dedicated to improving the administration of justice by providing leadership and service to the state courts. The National Center, founded in 1971 by the Conference of Chief Justices and Chief Justice of the United States Warren E. Burger, provides education, training, and technology, management, and research services to the nation’s state courts. The National Center also is taking the lead on several key issues facing the justice system. For example, it has established a major civil justice initiative, a multi-year project that is examining best practices in civil case management and how complex litigation procedures can be improved. Other national initiatives being driven by the National Center include judicial selection reform and increasing citizen participation in jury service.