(DOWNLOAD) "People V. Black" by In the Supreme Court of California # eBook PDF Kindle ePub Free

eBook details

Title: People V. Black
Author : In the Supreme Court of California
Release Date : January 20, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 84 KB

Description

This case addresses the effect of the decisions of the United States Supreme Court in Blakely v. Washington (2004) 542 U.S. ___ [124 S.Ct. 2531] (Blakely) and United States v. Booker (2005) ___ U.S. ___ [125 S.Ct. 738] (Booker) on alifornia's determinate sentencing law. It presents the specific questions whether a defendant is constitutionally entitled to a jury trial on the aggravating factors that justify an upper term sentence or a consecutive sentence. For the reasons discussed below, we conclude that the judicial factfinding that occurs when a judge exercises discretion to impose an upper term sentence or consecutive terms under California law does not implicate a defendant's Sixth Amendment right to a jury trial.