Dead Wrong: Why Washington’s Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement”

This Comment confronts the difficult question of how to reformulate the deadly weapon sentencing enhancement to better align it with the policy goals of deterring and punishing armed crime. Part II explores the constitutional and practical defects in each of the three formulations of the sentencing enhancement’s armed requirement by delving into the enhancement’s legislative history and the judicial struggle to interpret it. Part III analyzes the need for a more nuanced approach to the weapon enhancement by exploring key criticisms about the enhancement’s scope and application. Part IV argues... Mehr ...

Verfasser: Corning, James Harlan
Dokumenttyp: Text
Erscheinungsdatum: 2011
Verlag/Hrsg.: Seattle University School of Law Digital Commons
Schlagwörter: Washington / deadly weapon / enhancement / sentence / prison / sentence enhancement / weapon enhancement / criminal sentence / armed / HTACA / Hard Time for Armed Crime / SRA / Sentencing Reform Act / State v. Brown / State v. Sabala / firearm / knife / easily accessible / readily available / nexus / jury instructions / one-size-fits-all / SGC / Sentencing Guidelines Commission / offender score / guidelines grid / Courts / Criminal Law / Criminal Procedure / Judges / Law and Society / Second Amendment / State and Local Government Law
Sprache: unknown
Permalink: https://search.fid-benelux.de/Record/base-28829063
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://digitalcommons.law.seattleu.edu/sulr/vol35/iss3/13

This Comment confronts the difficult question of how to reformulate the deadly weapon sentencing enhancement to better align it with the policy goals of deterring and punishing armed crime. Part II explores the constitutional and practical defects in each of the three formulations of the sentencing enhancement’s armed requirement by delving into the enhancement’s legislative history and the judicial struggle to interpret it. Part III analyzes the need for a more nuanced approach to the weapon enhancement by exploring key criticisms about the enhancement’s scope and application. Part IV argues that the Washington legislature must provide courts with more rigid guidance, specifically by restoring the crux of the easily accessible test in a form that also takes into account the nature of the crime and the weapon. Part V concludes by urging immediate legislative action and exploring the consequences of further inaction.