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- Title
APPLYING APPRENDI TO JURY SENTENCING: WHY STATE FELONY JURY SENTENCING THREATENS THE RIGHT TO A JURY TRIAL.
- Authors
CARRINGTON, MELISSA
- Abstract
The article discusses the problems associated with jury sentencing mechanisms in the U.S. It offers an overview of the Apprendi v. New Jersey Supreme court case and other related cases which induce a resurgence in juror sentencing scholarship, and examines Apprendi and juror sentencing models stating that the Sixth Amendment provides protection to juror determination of culpability. It also suggests the development of juror sentencing guidelines to ensure consistent sentencing determinations.
- Subjects
UNITED States; JURY sentencing (Criminal procedure); APPRENDI v. New Jersey (Supreme Court case); UNITED States. Constitution. 6th Amendment; SENTENCING guidelines (Criminal procedure); CRIMINAL sentencing laws
- Publication
University of Illinois Law Review, 2011, Vol 2011, Issue 4, p1359
- ISSN
0276-9948
- Publication type
Article