SUPREME COURT’S ‘BOOKER’
DECISION EXPLORED AT UH LAW SCHOOL FORUM
Nationally Renowned Jurists, Scholars Examine Controversial
Ruling on Federal Sentencing Guidelines
HOUSTON, Nov. 15, 2005 – University of Houston Law Center's
Criminal Justice Institute and the Houston Law Review present “The
Booker Project: The Future of Federal Sentencing” on Nov.
18 at UH.
Federal judges, nationally recognized scholars, and federal practitioners
will examine the meaning and legacy of the U.S. Supreme Court’s
controversial “Booker” decision that examined the constitutionality
of Federal Sentencing Guidelines.
Registration is complimentary for students of any law school and
the judiciary; however, all attendees are required to register in
advance for conference planning purposes. For registration information,
go to http://www.law.uh.edu/news/Booker.pdf.
When the Supreme Court handed down Blakely v. Washington in August
2004, no area of American jurisprudence became more fluid than federal
criminal sentencing. The Court declared in Blakely that Washington
State’s sentencing guidelines system violated the Sixth Amendment
right to a jury trial. The decision left prosecutors, defense attorneys,
and judges in the federal system puzzled over whether courts could
continue to apply the federal sentencing guidelines or whether Congress
would have to re-write federal sentencing law.
However, in United States v. Booker, the U.S. Supreme Court—in
a close decision with a shifting majority—had it both ways.
In keeping with Blakely, the Court held that the federal guidelines
were unconstitutional if applied in the traditional, mandatory way.
In a move that minimizes the impact of the decision, Booker also
states that the guidelines pass constitutional muster if applied
in a purely advisory manner.
The Booker Project brings together experts to address the future
of federal sentencing in this new world of “advisory”
guidelines.
Principal speakers include:
Professor Ron Wright from Wake Forest University School of Law,
one of the leading scholars on sentencing commissions. He teaches
and writes about Criminal Justice and Administrative Law. His areas
of expertise include prosecutorial charging decisions, plea bargaining,
crime politics, criminal sentencing and the use of sentencing commissions
in state and federal government to develop sentencing rules. Before
entering academia in 1988 he was a Trial Attorney with the U.S.
Department of Justice.
Professor Nancy King from Vanderbilt University Law School, a national
expert on jury sentencing. A frequent contributor to conferences
on jury research, her work focuses on juries and on the post-investigative
features of the criminal process including plea bargaining, trials,
evidence, sentencing, double jeopardy, and post-conviction review.
She has written numerous articles on jury sentencing, the impact
of the decision in Apprendi, capital sentencing, and a piece on
the Blakely decision for the Federal Sentencing Reporter. She has
authored or coauthored several articles and book chapters on state
and federal sentencing issues, two of which have been cited in recent
decisions of the United States Supreme Court. In the past year,
she has testified before the United States Sentencing Commission,
served as one of four panelists for an ALI/ABA web cast on Booker,
and spoken about sentencing at Stanford, Duke, Columbia, Indiana,
Illinois, and Brooklyn Law Schools.
A former federal prosecutor, Professor Frank Bowman, from the University
of Missouri-Columbia School of Law, is recognized nationwide for
his expertise in the Federal Sentencing Guidelines. In 1995-96,
he served as Special Counsel to the U. S. Sentencing Commission
in Washington D.C. He is the co-author of the treatise, Federal
Sentencing Guidelines Handbook. Prof. Bowman has testified before
the U.S. Sentencing Commission as well as before Congress regarding
sentencing law.
Professor Douglas Berman, from Ohio State University Moritz Law
School, is a nationally-regarded expert in federal sentencing. A
story in the Wall Street Journal featured his web log, Sentencing
Law and Policy, which has been a principal source of information
for practitioners and scholars about the Blakely and Booker decisions.
He recently co-authored a new casebook, Sentencing Law and Policy:
Cases, Statutes and Guidelines. He has published numerous articles
on topics ranging from capital punishment to the federal sentencing
guidelines. Prof. Berman also has served as an Editor of the Federal
Sentencing Reporter for nearly 10 years.
They will be joined by a number of notable commentators, including
The Honorable Ricardo H. Hinojosa, Chairman, United States Sentencing
Commission; James L. Turner, Assistant U.S. Attorney, Chief of the
Appellate Division, Southern District of Texas; The Honorable Vanessa
Gilmore, United States District Court, Southern District of Texas;
Marjorie Meyers, Federal Public Defender, Southern District of Texas;
Sandra Guerra Thompson, UH Law Foundation Professor of Law and Director
of the Criminal Justice Institute at the UH Law Center.
For more information about the event, go to http://www.law.uh.edu/news/bookerbrochure.pdf.
For more information about UH visit the universitys Newsroom at www.uh.edu/admin/media/newsroom.
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