Sentencing organizations after Booker.

Yale Law Journal, December, 2006 by Johnson, Timothy A.

In United States v. Booker, the Supreme Court held that courts violate individuals' right to a jury trial when they sentence individuals using judge-found facts in combination with mandatory sentencing guidelines. The Supreme Court, however, has never decided exactly when organizations are entitled to a criminal jury. Accordingly, Booker's full implications for the organizational sentencing guidelines are not immediately clear. Nonetheless, a careful reading of the law suggests that organizations are entitled to a jury in at least most federal criminal cases and thus that Booker's logic should apply to the organizational guidelines.

INTRODUCTION

I. BOOKER BASICS

II. THE ORGANIZATIONAL SENTENCING GUIDELINES

A. Convicting Organizations of Crimes...

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