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''Blakely v. Washington'', 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case (for good or ill) was alluded to by Justice Sandra Day O'Connor, who "described the Court's decision as a 'Number 10 earthquake.'" ==Background of the case== Ralph Howard Blakely was born in 1936; he started his criminal career in 1954.〔http://www.columbiabasinherald.com/articles/2005/03/23/news/news02.txt〕 Blakely married his wife in 1973. During the Blakely's 20-plus-year marriage, Mr. Blakely was involved in 80 or more lawsuits covering irrigation water rights, as well as crimes of assault, shoplifting, and many others. When his wife filed for divorce in 1996, Blakely kidnapped her from her home in rural Grant County, Washington, at knifepoint, forced her into a wooden box in the back of his pickup truck, and took her to Montana. He ordered their 13-year-old son to follow in another car, threatening to shoot his estranged wife with a shotgun if he did not comply. En route to Montana, their son escaped in Moses Lake, Washington, and alerted the police. FBI agents and sheriffs arrested Blakely in Montana near the town of Three Forks. Blakely was charged with first-degree kidnapping, but ultimately pleaded guilty to second-degree kidnapping involving domestic violence and the use of a firearm. If one is convicted of first-degree kidnapping of a minor in Washington state, one must register as a sex offender upon release from prison. To avoid this, Mr. Blakely negotiated a plea of a longer sentence while pleading guilty only to second-degree kidnapping.〔Ralph Howard Blakely III〕 At the plea hearing, Blakely admitted the facts necessary to support these charges but no others. Under Washington law, second-degree kidnapping was a class B felony, punishable by a maximum sentence of 10 years in prison. However, under Washington's mandatory sentencing guidelines, the judge was required to sentence Blakely to no less than 49 and no more than 53 months in prison, unless he had "substantial and compelling" reasons to impose a sentence outside that range. These reasons could not take into account factors used to compute the standard range for the sentence. If the judge did not articulate specific findings of fact and conclusions of law justifying an exceptional sentence, an appellate court would have to reverse the sentence. Despite these requirements, the trial judge sentenced Blakely to 90 months, finding that Blakely had acted with "deliberate cruelty." Blakely appealed, arguing that this unexpected additional factfinding on the judge's part violated his Sixth Amendment right under ''Apprendi v. New Jersey'', , to have the jury determine beyond a reasonable doubt all the facts legally necessary to his sentence. The Washington Court of Appeals rejected his claim, and the Washington Supreme Court declined to review it. Blakely then asked the U.S. Supreme Court to review the case, and it agreed to do so. In an unusual turn of events, the local county prosecutor, John Knodell III, asked Washington's governor for permission to personally argue the case before the U.S. Supreme Court.〔Rebecca Cook, Supreme Court rules judges alone cannot impose extra-long prison terms, Associated Press (June 25, 2004) http://news.google.com/newspapers?nid=861&dat=20040625&id=dScPAAAAIBAJ&sjid=eIUDAAAAIBAJ&pg=3901,5855965〕 During oral argument, Justice Scalia chastised〔Jimmie Presley, Court to rule if judge can raise sentence, Spokesman-Review (March 24, 2004)〕 Knodell for attempting to impose a prison sentence much longer than what state law authorized.〔http://www.oyez.org/cases/2000-2009/2003/2003_02_1632〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Blakely v. Washington」の詳細全文を読む スポンサード リンク
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