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Apprendi V. New Jersey: Should Any Factual Determination Authorizing An Increase In A Criminal Defendant's Sentence Be Proven To A Jury Beyond A Reasonable Doubt, Jason Ferguson
Mercer Law Review
In Apprendi v. New Jersey, the United States Supreme Court held, with the exception of the fact of prior criminal convictions, that any factual determination that authorizes an increased sentence beyond the statutory maximum must be proven to a jury beyond a reasonable doubt.
The Inherent Constitutionality Of The Police Use Of Deadly Force To Stop Dangerous Pursuits, Michael Douglas Owens
The Inherent Constitutionality Of The Police Use Of Deadly Force To Stop Dangerous Pursuits, Michael Douglas Owens
Mercer Law Review
Every day in our country, police agencies pursue criminal suspects who are unlawfully attempling to elude them. Reality-based television shows, such as Cops and the Police Videos series on the Fox Network, bring home to the public some measure of the adrenaline-producing excitement that automobile pursuits engender. Rarely, however, does one see the tragedy that often results from these pursuits. While reliable nationwide statistics on police pursuits are not available, various studies depict the rate of accidents as ranging from twenty-nine percent to seventy percent, with a rate of injury ranging from eleven percent to twenty-seven percent. Injuries and deaths …