Wednesday, July 28, 2004

The Polls Are Now Closed

I’ve closed the polls. The question asked what the appropriate remedy is if a court determines the guidelines are unconstitutional. And the winner is… Apply the portions of the guidelines that are constitutional.

As you’ll see below, the spread between most of the choices is rather thin.

Total/Percentage
(21 – 26%)  - Bifurcation/Sentencing Jury
(28 – 35%) - Apply the portions of the guidelines that are constitutional
(22 – 28%) - The judge should sentence the defendant between the minimum and maximum
(09 – 11%) – Other

Now that the remedy poll has passed, it’s time to move towards deciding how we’re going to resolve the Blakely mess.

I’ve stared a new poll which if you want to answer will require you to read the NACDL/NAFD brief.

The question is: Should the Supreme Court grant cert in US v. Bijou?

You have three choices:
- Yes, instead of Fanfan
- Yes, but with Fanfan
- No

The poll is located on the right-hand sidebar, below the Archives and counter.


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