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July 12, 2021
A true scholarly feast for Apprendi fans
I was quite pleased to discover that the North Carolina Law Review now has fully available online here the full contents of its June 2021 issue with article from its Apprendi at 20 symposium. Everyone of these articles looks like a must-read and I am already joyously working my way through them all:
Apprendi at 20: Reviving the Jury's Role in Sentencing by Stephanos Bibas
The Sixth Amendment Sentencing Right and Its Remedy by Carissa Byrne Hessick
Handling Aggravating Facts After Blakely: Findings from Five Presumptive-Guidelines States by Nancy J. King
Apprendi's Two Constitutional Rights by Kate Stith
The Sixth and Eighth Amendment Nexus and the Future of Mandatory Sentences by William W. Berry III
The Federal Sentencing Guidelines: Some Valedictory Reflections Twenty Years After Apprendi by Frank O. Bowman III
Apprendi/Booker and Anemic Appellate Review by Nancy Gertner
July 12, 2021 at 02:25 PM | Permalink
Comments
It is amazing to me that Federal criminal sentencing got so off track that the U. S. Supreme court had to decide Apprendi and its progeny to get us back on track. In Kentucky, where I live, it has always been in felony cases that get tried that there is a "penalty phase" for the jury to decide a recommended sentence for the defendant. During the penalty phase, the jury is presented with additional evidence about the defendant, including his prior criminal history, and deliberates and votes on a recommended sentence for the defendant. Under the Kentucky Constitution and statutes, the Judge then sentences the Defendant to a sentence at or below the time and other penalties recommended by the jury. Kentucky never got off track like Federal criminal law did.
Posted by: Jim Gormley | Jul 13, 2021 8:03:20 AM
