In 2004 the u. s. supreme court case of blakely v. washington effectively invalidated any sentencing schema that allow rather than juries to determine any factor that increases criminal sentence.

Judges

Blakely pleaded guilty to the kidnapping of his wife and his plea supported a max sentence of 53 months. Washington state law allows a judge to increase a sentence above standard range if they finds "substantial and compelling reasons" for doing so. The judge in this case imposed an exceptional sentence of 90 months when he determined Blakely had been deliberately cruel.

Blakely appealed, arguing that this sentencing procedure denied him of his 6th Amendment right to have a jury decide all the facts legally relevant to his sentence.