The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sentencing scheme, altered the Court’s Sixth Amendment sentencing doctrine. That doctrine has undergone several important changes since it was first recognized. At times the doctrine has expanded, invalidating sentencing practices across the country, and at times it has contracted, allowing restrictions on judicial sentencing discretion based on findings that are not submitted to a jury. Hurst represents another expansion of the doctrine. Although the precise scope of the decision is unclear, the most sensible reading of Hurst suggests that any finding required before a judge may impose a higher sentence must first be submitted to a jury and prov...
Sixth Amendment--Allocation of Fact-finding in Sentencing.--Apprendi v. New Jersey spawned a series ...
In recent years, federal criminal defendants have enjoyed great success in challenging “residual cla...
Justice Louis Brandeis famously described the states as laboratories where individual jurisdictions ...
This commentary discusses Hurst v. Florida, a case in which the Supreme court will review Florida\u2...
Since the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under ...
The Supreme Court held that, as originally written, the Federal Sentencing Guidelines required judge...
In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendm...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
In Blakely v. Washington, the United States Supreme Court held that Washington\u27s state criminal s...
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States...
For some defendants, sentencing may be even more harrowing than a determination of guilt or innocenc...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
Since the Supreme Court announced its landmark decision in Apprendi v. New Jersey commentators have ...
Sixth Amendment--Allocation of Fact-finding in Sentencing.--Apprendi v. New Jersey spawned a series ...
In recent years, federal criminal defendants have enjoyed great success in challenging “residual cla...
Justice Louis Brandeis famously described the states as laboratories where individual jurisdictions ...
This commentary discusses Hurst v. Florida, a case in which the Supreme court will review Florida\u2...
Since the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under ...
The Supreme Court held that, as originally written, the Federal Sentencing Guidelines required judge...
In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendm...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
In Blakely v. Washington, the United States Supreme Court held that Washington\u27s state criminal s...
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States...
For some defendants, sentencing may be even more harrowing than a determination of guilt or innocenc...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
Since the Supreme Court announced its landmark decision in Apprendi v. New Jersey commentators have ...
Sixth Amendment--Allocation of Fact-finding in Sentencing.--Apprendi v. New Jersey spawned a series ...
In recent years, federal criminal defendants have enjoyed great success in challenging “residual cla...
Justice Louis Brandeis famously described the states as laboratories where individual jurisdictions ...