The Associated Press

Recent Supreme Court actions have begun to make themselves known in the trenches. The recent Blakely decision has produced some internal rumblings in the Justice Department, as well, I am sure, in the many other prosecuting offices around the nation. Blakey solidifies the role of the jury by preventing a classic end-around where the judge increased the sentence after the trial by finding some aggravating factors.

I am a big fan of the Blakley decision, ironically, since I often find myself at odds with Justice Scalia. I think the role of the jury is sacred. While I have seen many a jury that seems to be composed entirely of idiots, I think in general the jury system keeps criminal lawyers honest. If you allow lawyers to do all the work, sentences will get worse, particularly in conservative states like Texas because the people who see this stuff day in and day out get weird ideas about what is right and what is not right.

Furthermore, knowing that in the end a decision will be made by twelve random people makes the government (and defense attorneys) carefully consider the evidence for plea deals. Knowing that at the end of all the pretrial bullcrap is a panel keeps everything in perspective.