Legal Question in Constitutional Law in Ohio
Blakely Law?
Can anyone explain to me what this law is that's allowing early releases to inmates under the law (Blakely) and to what extent to a particular crime(s) will not be released. I hear it has something to do with enhancement of a charge and 1st time offender?
1 Answer from Attorneys
Re: Blakely Law?
I assume you are speaking of the Blakely decision that applied Apprendi to state court sentences.
The decision by the United States Supreme Court said that rigid sentencing scheme's that permitted people to be sentenced based on enhancements not found by a jury, is a violation to one's 6th amendment right to a jury trial.
It does not cause people to get an "early" release, they just get released on the day they should have been released if not for the court finding an illegal enhancement of their sentence based on an unconstitutional sentencing law.
If you want to read more about it, you should see Professor Berman's blog Sentencing Law and Policy blog, or contact the National Association of Criminal Defense Lawyers in Washington DC.
Good luck.
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