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- Title
PRE-APPRENDI SENTENCING: SSUES SURROUNDING THE RETROACTIVITY OF AN UNCONSTITUTIONAL SENTENCE.
- Authors
ZALDIVAR, PRISCILLA S.
- Abstract
The article focuses on the issues surrounding the retroactivity of an unconstitutional sentence in the U.S. and discusses the U.S. Supreme Court's decision in Apprendi v. New Jersey holding that the U.S. Constitution prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. It describes the Boggs Act as a successful retroactivity to remedy the unconstitutional federal sentences in the U.S.
- Subjects
UNITED States; CRIMINAL sentencing; RETROACTIVE judicial decisions; UNITED States. Supreme Court; LEGAL judgments; CONSTITUTIONAL law; APPRENDI v. New Jersey (Supreme Court case)
- Publication
St. Thomas Law Review, 2013, Vol 25, Issue 3, p399
- ISSN
1065-318X
- Publication type
Article