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Full-Text Articles in Law
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time were not persuasive and the proof of aggravating facts weak, the defendant prior to "Apprendi" could refuse to admit to the aggravating fact, and plead guilty only to the offense without the aggravating fact. Nothing about "Apprendi" gives additional leverage to the prosecutor in this situation. A defendant who, prior to "Apprendi", decided to risk trial rather than face the aggravated sentence will make the same …
Apres Apprendi, Nancy J. King, Susan R. Klein
Apres Apprendi, Nancy J. King, Susan R. Klein
Vanderbilt Law School Faculty Publications
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …
Zant V. Stephens, Lewis F. Powell Jr.