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(Federal Sentencing Reporter, 2000)
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must ...
"Apprendi" and Plea Bargaining
(Stanford Law Review, 2001)
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time ...
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi"
(SMU Law Review, 2014)
This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...