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Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment And Adult Process, Jenny E. Carroll
Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment And Adult Process, Jenny E. Carroll
Faculty Scholarship
This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt. Apprendi requires that any fact authorizing a sentence higher than the otherwise applicable statutory maximum must be found by a jury using a beyond a reasonable doubt standard. This tenet applies directly to juvenile …
Cruel And Unequal Punishment, Nita A. Farahany
Cruel And Unequal Punishment, Nita A. Farahany
Faculty Scholarship
This article argues Atkins and its progeny of categorical exemptions to the death penalty create and new and as of yet undiscovered interaction between the Eighth and the Fourteenth Amendment of the U.S. Constitution. The United States Supreme Court, the legal academy and commentators have failed to consider the relationship between the Cruel and Unusual Punishments Clause and the Equal Protection Clause that the Court's new Eighth Amendment jurisprudence demands. This article puts forth a new synthesis of these two clauses, and demonstrates how the Court's new Eighth Amendment jurisprudence has remarkable Fourteenth Amendment implications. To see the point in …