{"id":54792,"date":"2021-04-22T09:43:54","date_gmt":"2021-04-22T14:43:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/supreme-court-insights\/sentencing-guidelines-under-blakely-v-washington.html"},"modified":"2021-04-22T09:43:54","modified_gmt":"2021-04-22T14:43:54","slug":"sentencing-guidelines-under-blakely-v-washington","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/supreme-court-insights\/sentencing-guidelines-under-blakely-v-washington.html","title":{"rendered":"Sentencing Guidelines Under Blakely v. Washington"},"content":{"rendered":"\n
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Sentencing Guidelines Under Blakely v. Washington<\/h1>\n
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\n By Laura Temme, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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In 2004, the Supreme Court’s decision in Blakely v. Washington<\/i> raised questions about sentencing guidelines all over the United States.<\/p>\n\n <\/div>\n\n

Judges use sentencing guidelines to determine the proper punishment for various crimes. Many state legislatures also gave judges the right to go outside the guidelines in certain types of cases. But, in 2004, the Supreme Court held this practice went against a defendant’s constitutional rights.<\/p>\r\n

Constitutional Rights at Issue<\/h2>\r\n

The Sixth Amendment guarantees that all criminal defendants have the right to a \u201cspeedy and public trial” by an impartial jury. In addition, the Fourteenth Amendment protects against deprivation of liberty without due process of law. Together, these rights protect criminal defendants from unwarranted criminal punishment. In\u00a0Blakely<\/i>\u00a0and\u00a0Apprendi v. New Jersey<\/i>\u00a0four years earlier, the Supreme Court had to decide if the right to a jury trial extended to sentencing.<\/p>\r\n