20 July 2004

ADS Comments on Bowman's Blakely Proposal

The Bowman proposal disturbs me. It's all Feeney and no check on a judge who would sentence disproportionately high. The abuse of discretion proposal for anything over the bottom by 25% cannot have any teeth or it would violate Blakely itself.

Anyway, aside from equity concerns, All Deliberate Speed is dubious that the Bowman proposal and Harris would stand a modern constitutional challenge.

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