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Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
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Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.
In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …