Procedure at Sentencing

Nancy J. King

in The Oxford Handbook of Sentencing and Corrections

Published in print April 2012 | ISBN: 9780199730148
Published online September 2012 | | DOI:

Series: Oxford Handbooks

 Procedure at Sentencing

More Like This

Show all results sharing these subjects:

  • Criminology and Criminal Justice
  • Courts and Procedure


Show Summary Details


This article discusses the procedural rules that are present at sentencing decisions across the United States. It observes that there is a gap of constitutional law that is applied to criminal sentencing, aside from the death penalty. It examines the due process safeguards recognized by the Supreme Court for criminal trials and then analyzes the new constitutional holdings of Blakely v. Washington and United States v. Booker. It concludes that these cases only affect a narrow subset of the sentencing cases in the country. This article also considers the absence of constitutional regulation.

Keywords: procedural rules; sentencing decisions; constitutional law; criminal sentencing; due process safeguards; Supreme Court; constitutional holdings; constitutional regulation

Article.  7940 words. 

Subjects: Criminology and Criminal Justice ; Courts and Procedure

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.