Blakely, Apprendi, Booker, Begay, and Santos: Judicial Minimalism and the U.S. Supreme Court's Ill-Conceived Attempts at a Rational Jurisprudence

Authors

E.J. Yera, United States Attorney's Office, Southern District of Florida, U.S.

First Page

87

Document Type

Article

Abstract

The approach the Court has taken in the cases discussed herein has regrettably resulted in a waste of judicial, prosecutorial and defense resources at a time when the United States has more individuals in prison than any other industrialized nation in the world. More importantly, these decisions have left the law in a state of deliberate confusion and have harmed the individual defendants, many of whom are minorities whose rights are already fragile. The Court's unfinished decisions have also created a state of uncertainty that has been equally damaging to the victims of crime and to the integrity of the judicial system as a whole.

Recommended Citation

E.J. Yera, Blakely, Apprendi, Booker, Begay, and Santos: Judicial Minimalism and the U.S. Supreme Court's Ill-Conceived Attempts at a Rational Jurisprudence, 22 St. Thomas L. Rev. 87 (2009).
Available at: https://scholarship.stu.edu/stlr/vol22/iss1/5