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Journal of Contemporary Criminal Justice
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The Effect of Blakely v. Washington on Upward Departures in a Sentencing Guideline State

Brian Iannacchione

Boise State University, Boise, Idaho

Jeremy D. Ball

Boise State University, Boise, Idaho

The Supreme Court's decision in Blakely v. Washington was a landmark decision, ruling that juries must determine facts before judges can increase sentences above the sentencing guideline maximum—known as upward departures. Because one of the purposes of sentencing guidelines was to reduce discretion—and, thereby, unwarranted disparity—it is hypothesized extralegal factors will have less impact on upward departures after Blakely compared to before Blakely. Upward departures and their determinants were analyzed 27 months before and after Blakely, utilizing a disproportionate stratified random sample. Although the likelihood of upward departures was diminished after Blakely , extralegal factors did not incur differential effects. Both age and gender of the defendant were found to have statistically significant effects (p < .05) before and after Blakely. Although this study is only an explorative step, it is an important step to start addressing any potential effects of this landmark decision on sentencing reform efforts.

Key Words: Blakely v. Washington • sentencing guidelines • disparity • discretion • sentencing

This version was published on November 1, 2008

Journal of Contemporary Criminal Justice, Vol. 24, No. 4, 419-436 (2008)
DOI: 10.1177/1043986208319731
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