This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the rule announced in the Court’s 2000 ruling, Apprendi v. New Jersey. To apply Alleyne, courts must for the first time determine what constitutes a minimum sentence and when that minimum is mandatory. These questions have proven particularly challenging in states that authorize indeterminate sentences, when statutes that delay the timing of eligibility for release are keyed to judicial findings at sentencing. The same questions also arise, in both determinate and indeterminate sentencing jurisdictions, under statutes that limit...
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clau...
Approximately eight percent of adults in the United States have a felony conviction. The “collateral...
In determining which constitutional procedural rights apply at sentencing, courts have distinguished...
article published in law reporterThis article addresses the impact of Alleyne v. United States on st...
In its Apprendi line of cases, the Supreme Court has held that any fact found at sentencing (other t...
Article published in the Michigan State University School of Law Student Scholarship Collection
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
In the past, Florida judges have attempted to circumvent a parole policy, which they considered to b...
Vagueness, as the word suggests, is inherently uncertain. This Note addresses the issues of vaguenes...
This article examines the Discretionary Persistent Felony Offender sentencing provision contained in...
State parole boards have historically operated free from constitutional constraints when making deci...
The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences on individuals convicted of...
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right...
The following is a summary of the mechanics of the Board\u27s operation in the sentencing process, a...
This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the...
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clau...
Approximately eight percent of adults in the United States have a felony conviction. The “collateral...
In determining which constitutional procedural rights apply at sentencing, courts have distinguished...
article published in law reporterThis article addresses the impact of Alleyne v. United States on st...
In its Apprendi line of cases, the Supreme Court has held that any fact found at sentencing (other t...
Article published in the Michigan State University School of Law Student Scholarship Collection
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
In the past, Florida judges have attempted to circumvent a parole policy, which they considered to b...
Vagueness, as the word suggests, is inherently uncertain. This Note addresses the issues of vaguenes...
This article examines the Discretionary Persistent Felony Offender sentencing provision contained in...
State parole boards have historically operated free from constitutional constraints when making deci...
The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences on individuals convicted of...
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right...
The following is a summary of the mechanics of the Board\u27s operation in the sentencing process, a...
This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the...
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clau...
Approximately eight percent of adults in the United States have a felony conviction. The “collateral...
In determining which constitutional procedural rights apply at sentencing, courts have distinguished...