Since 2000, the U

question 16

Multiple Choice

Since 2000, the U.S. Supreme Court has raised serious doubts about the constitutionality of many state sentencing guidelines, holding that other than a prior conviction, any fact that increases the penalty for a crime beyond the statutory maximum must be tried before a jury (Apprendi v. New Jersey, 2000) . Based on this reasoning, in 2004 the Court struck down sentencing guidelines in the State of Washington, holding that the Sixth Amendment gives juries (and not judges) the power to make a finding of fact beyond a reasonable doubt (Blakely v. Washington, 2004) . The dissenters argued that the decision will serve only to increase judicial discretion and lead to less uniformity in sentencing, perhaps leading to increasing racial discrimination.
-What two extra-legal factors that impact the imposition of a sentence above the maximum range of sentencing guidelines appear to affect both jury and judicial decision-making in particular?

Definitions:

Deceptive Conduct

Deceptive conduct involves misleading or dishonest behavior designed to trick or deceive others, often scrutinized in the context of consumer protection and business practices.

Corrective Advertising

A requirement imposed by regulatory agencies where a company must admit to past misleading advertising and correct the misinformation at their own expense.

FTC

The Federal Trade Commission, a U.S. federal agency whose mission is to prevent anticompetitive, deceptive, and unfair business practices.

False Impressions

Misleading appearances or statements that cause someone to derive an incorrect conclusion or understanding.