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A Good Time With The Sixth Amendment: The Application Of Apprendi To The Denial Of Good Time Credit, Nicholas J. Xenakis

Nicholas J Xenakis

This Article is about a unique aberration in post-Blakely sentencing jurisprudence. It explains why the Due Process the Sixth Amendment guarantees as articulated in Apprendi v. New Jersey apply to some factual determinations related to the denial of good time credit. At first glance, this is something that should not be. Denials of good time credit are typically evaluated under a ‘some evidence’ standard, and juries normally play no role in such denials since they usually take place post-conviction. Nonetheless, Apprendi does indeed apply to some factual determinations related to the pre-trial behavior of the defendant while incarcerated. In states …