Friday, August 5, 2005
The blog reports here on the "Corporate and Securities Fraud Update" panel discussion held at the Southeastern Association of Law Schools Conference (SEALS). There was also a Sentencing Panel that examined the afternath of Booker/Blakely. The panel examined new developments in sentencing post- Blakely and how these developments affect federal and state sentencing procedure for both the prosecution and defense. The panel discussion was moderated by Professor Cynthia Jones of American Univeristy, Washington College of Law. The panelists were:
Deborah Young (Samford, Cumberland School of Law), who after providing a history of the guideline caselaw, examined how district courts were applying the Booker decision six months later. She covered a wide spectrum of cases including those of Judges Cassell and Gertner, noting the thoughtfulness of many of the opinions being written. She covered three areas with disparity including issues related to burden of proof and consideration of acquitted conduct. She asked amd discussed the question - "Are district court judges more satisfied?"
Ron Wright (Wake Forest) focused on the reaction of state legislatures. He grouped the different state responses and looked at the different responses being taken by state legislatures.
Janet Hoeffel (Tulane) examined the aftermath of Blakely from the perspective of the role of the jury. She also considered issues related to plea bargaining in the aftermath of the Supreme Court decisions and considered the effect of vague aggravators being used.
Although this panel was not focused on white collar crime, the issues presented here may affect the development of the law in this area.