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...often at the price of ineptitude in an immediate one, is a definition of genius.” Without geniuses there would be no intellectual situation to speak of, only hollow feedback, the sound of measuring tapes flapping and brows furrowing. Genius versus critic is Lil’ Wayne v. Kanye West; Bush v. Cheney; Twin Towers v. Freedom Tower; Sal Paradise v. Dean Moriarty (maybe); early Eminem v. late Eminem...
...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...
...Supreme Court returned to the issue four years later in Blakely v. Washington. This time, the justices decided, also by a 5-4 vote, that Washington State's sentencing rules violated a kidnapper's Sixth Amendment right. Since the judge determined that the kidnapper had acted with "deliberate cruelty," the rules allowed the judge to add 37 months to the 53-month sentence. Even though 53 months was far below the "statutory maximum" of 10 years, the sentence was still unconstitutional, a conclusion that suggested the federal guidelines, which operated in a similar way, were in jeopardy...
...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...
...Supreme Court returned to the issue four years later in Blakely v. Washington. This time, the justices decided, also by a 5-4 vote, that Washington state's sentencing rules violated a kidnapper's Sixth Amendment right. Since the judge determined that the kidnapper had acted with "deliberate cruelty," the rules allowed the judge to add 37 months to the 53-month sentence. Even though 53 months was far below the "statutory maximum" of 10 years, the sentence was still unconstitutional, a conclusion that suggested the federal guidelines, which operated in a similar way, were in jeopardy...