Sentences with phrase «judicial factfinding»

What occurred here is no more judicial factfinding in the ordinary sense than would be the factual findings that deficit spending will not lower the unemployment rate... Yet because they have been branded «factual findings» entitled to deferential review, the policy preferences of three District Judges now govern the operation of California prison's system.»

Ultimately, barring judicial factfinding is the only way a scheme can truly comport with the Sixth Amendment, at least to the extent there is ANY appellate review of sentence lengths.

Although judicial factfinding in sentencing is standard and allowed since Booker made the guidelines nonmandatory, the judicial factfinding assumes an even greater role here given that the decision of even what basic guideline to apply hinges on what offense the judge finds is proven by the facts.