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The United States Supreme Court has struck down the criminal sentencing law that allowed judges rather than juries to increase or decrease sentences. This decision could result in the adjustment of thousands of sentences for people currently in jail.

The Supreme Court voted 6-3 in favor of reducing a judge''s right to increase sentencing in California. The case that served as a forum for this decision involved a California man who sexually abused his son.

This ruling will ensure that juries – not judges – consider factors that may increase or decrease sentences, such as victim vulnerability, or defendant viciousness to determine if they warrant a change in the sentence.

“This court has repeatedly held that … any fact that exposes a defendant to a greater potential sentence must be found by a jury, not a judge, and established beyond a reasonable doubt,” wrote Justice Ruth Bader Ginsburg.

Nine or more states changed their sentencing laws to abide the Supreme Court''s new mandate.

Implications

“It''s possible that thousands of cases would have to be retried for the enhanced sentence,” said California Attorney General Jerry Brown.

The justices voted to reject the arguments often made by California officials that the state''s sentencing is flexible much the same as the U.S.''s as upheld by the courts in a 2005 decision.

Months before that, the high court had also rejected Washington State''s sentencing guidelines and questioned systems that allowed judges to adjust sentencing based on aggravating factors.

California will now allow its juries to decide sentences based on the presented facts, like seven other states have done.

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