Jury Role In Raising Sentences Affirmed

O'Connor and a fellow dissenter, Stephen G. Breyer -- who participated in drafting the federal sentencing guidelines before joining the Supreme Court -- predicted that the cost to the states of complying with the court's ruling would spell the end of sentencing reform.

"The simple fact is that the design of any fair sentencing system must involve efforts to make practical compromises among competing goals," Breyer wrote. "The majority's reading of the Sixth Amendment makes the effort to find those compromises -- already difficult -- virtually impossible."

Scalia noted that the court's ruling does not necessarily apply to the federal guidelines, which were not directly at issue in the case. But Breyer wrote that he is "uncertain" how to distinguish Washington state's system from the federal system.

Chief Justice William H. Rehnquist and Justice Anthony M. Kennedy also dissented.

In response to Breyer, Scalia wrote that "our decision cannot turn on whether or to what degree trial by jury impairs the efficiency or fairness of criminal justice."

Scalia suggested that sentencing guidelines are unfair to defendants such as the kidnapper in Washington, Ralph H. Blakely Jr. Blakely pleaded guilty in return for the prosecutor's recommendation of a 53-month sentence, only to have the deal scrapped by a judge.

Increased costs could be mitigated, Scalia said, if prosecutors negotiate plea agreements in which defendants waive their right to jury sentencing.

"The framers would not have thought it too much to demand that, before depriving a man of three more years of his liberty, the State should suffer the modest inconvenience of submitting its accusation to [a jury] rather than a lone employee of the state," Scalia wrote.

His opinion was joined by Justices John Paul Stevens, Clarence Thomas, Ruth Bader Ginsburg and David H. Souter.

Seattle defense lawyer Jeff Fisher, who represented Blakely, said the decision will strengthen defendants' bargaining power.

"I suppose it will cost [states] some money," he said. "Obviously, abiding by the Constitution costs money in various ways -- but not an extraordinary amount of money."