Monday, October 04, 2004

The Last Word

Before all was said and done, Mr. Clement had his four minute rebuttal. In those four minutes Mr. Clement touched briefly on three points. First, he noted again that a ruling for the Respondents would mean overturning Mistretta. Such a ruling would mean that the USSC was defining crimes, and under Mistretta that is not what the USSC either can do or in fact does. Second, he argued, without much elaboration, that Blakely may increase the power of the prosecutor in plea bargaining, as opposed to what Respondents had argued. Finally, Mr. Clement stated that the Kansas system, with its sentencing jury, is not a panacea.

And then the final red light went off.

Remember, Jason will be arriving back in New York City late this evening, and he will try to make some sense of all this in a real post with some real analysis. Anyway, it's been enjoyable playing Alfred to his Batman. Thanks for reading.

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