Wisconsin
How Blakely v. Washington applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Criminal Procedure.
Wisconsin acknowledges the principles set forth in Blakely v. Washington regarding the right to a jury trial and the need for any aggravating factors that enhance a sentence to be proven to a jury beyond a reasonable doubt. This principle influences sentencing procedures within the state, ensuring that judges do not impose enhanced sentences based solely on facts not found by a jury.
In Wisconsin, under Wis. Stat. § 973.01, the sentencing structure must respect a defendant's right to a jury trial, thereby prohibiting judges from finding facts that would elevate a sentence beyond the statutory maximum without jury findings.
The Wisconsin Supreme Court ruled that sentencing enhancements based on facts not found by a jury violate the principles established in Blakely.
This case reaffirmed the requirement for a jury to find aggravating factors before they can be used as a basis for enhanced sentencing.
The court emphasized the necessity of jury determination of facts that could increase a defendant’s sentence, consistent with Blakely's interpretation.
Wisconsin's application of the principles from Blakely is largely aligned with federal standards, maintaining that facts increasing a sentence beyond the statutory maximum must be proven to a jury. However, Wisconsin’s statutory framework provides unique procedural safeguards in its sentencing process compared to the federal guidelines.
Candidates should be familiar with how Blakely v. Washington impacts sentencing in Wisconsin, particularly regarding jury rights and the adjudication of facts affecting sentencing outcomes.