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The Vera Institute Speaks!!

August 5, 2004

The Vera Institute of Justice — which has been long been doing extremely important justice-related projects and in recent years been especially involved in state sentencing reform through its State Sentencing and Corrections Program — has just released a publication that looks at the impact of Blakely on state sentencing systems. The Vera report is entitled “Aggravated Sentencing: Blakely v. Washington – Practical Implications for State Systems,” and it can be accessed here.

For a taste of what Vera contributes, here’s a brief account from the report’s authors Jon Wool and Don Stemen:

Few Supreme Court decisions have caused the turmoil that many state courts and practitioners are now experiencing as a result of Blakely v. Washington. The Court ruled that the Sixth Amendment forbids a judge to increase a criminal sentence based on facts not found by a jury beyond a reasonable doubt. The immediate effect? The invalidation of procedures used in Washington State’s sentencing guideline system and the casting of doubt on the constitutional validity of structured sentencing systems nationwide. In more than 20 states, officials will need to look seriously at major aspects of how defendants are sentenced and many will need to make policy changes.

This publication is the first in a series that Vera’s State Sentencing and Corrections program will produce as part of its effort to provide timely and helpful analysis of Blakely‘s reach, offer practical advice to state lawmakers needing to realign their systems, and report on state reactions to the ruling. In this first report, we look to answer two big questions: Which states’ sentencing systems are affected by Blakely? and What responsive options are available to legislators and other policymakers?

Vera also has plans in the works to convene a national meeting in Denver on September 22-23, 2004, for teams of officials from selected states affected by Blakely. According to Vera officials:

This day-and-a-half discussion will provide an opportunity for state policymakers to engage with each other and with leading practitioners and experts to develop feasible strategies — both immediate and longer-term — for responding to the Court’s ruling. Vera will cover travel and all other meeting costs for participants. Because participant space is limited, invitations will be extended based on an application process. States are asked to complete this linked application and return it to Vera by Friday, August 20, 2004.

Finally, as noted before here, Vera (which, by the way, also co-produces the Federal Sentencing Reporter) will host on Thursday, August 12th an early morning discussion on the implications of Blakely for the federal sentencing guidelines. Frank Bowman, one of FSR’s editors, will be the guest speaker. Vera asks that those interested in attending download the invitation here and RSVP because space is limited.
Download verafsrs_bowman_invite.pdf