Introduction: How Did We Get Here?

In June 2004, the monumental Supreme Court ruling in the case of Blakely v. Washington opened the door for sentencing reform. In January 2005, the joint decision in the combined cases of U.S. v. Booker and U.S. v. Fanfan made the U.S. Sentencing Guidelines, in place since 1987, advisory rather than mandatory. While the criminal justice system as a whole is still sifting through the fallout of the Booker decision, community corrections is in an interesting position. Advisory sentencing guidelines allow judges to use their discretion during the sentencing phase and craft individual, yet reasonable sentences.

The decisions stipulate that facts that enhance sentences must be argued in front of a jury and proved beyond a reasonable doubt. No longer can judges use information obtained from prosecutors and probation officers to employ upward departure; the only aggravating factor that does not have to be presented to a jury is a prior conviction.