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Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To "Apprendi", Nancy J. King
Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To "Apprendi", Nancy J. King
Vanderbilt Law School Faculty Publications
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat offender penalties fall short of punishment goals and contribute to the racially lopsided profile of punishment today; and critiques potential justifications for the prior conviction exception to the rule in Apprendi v. New Jersey, arguing that the exception should be abandoned. The article summarizes empirical research testing the relationship between prior convictions and examining the efficacy of repeat offender sentences in reducing recidivism; collects commentary on the use …
Once A Criminal? Regulating The Use Of Prior Convictions In Sentencing, Nancy J. King
Once A Criminal? Regulating The Use Of Prior Convictions In Sentencing, Nancy J. King
Vanderbilt Law School Faculty Publications
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and Margaret Barrock Lecture in Criminal Law. This is an abridgment of that lecture. A longer, essay version appears in the spring 2014 issue of the Marquette Law Review.