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Author Topic: Apprendi v. New Jersey  (Read 3971 times)

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Offline Scout

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Apprendi v. New Jersey
« on: March 30, 2006, 07:20:27 PM »
http://www.law.cornell.edu/supct/search/display.html?terms=Apprendi&url=/supct/html/99-478.ZO.html

Held:  The Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt.

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Offline loving_Liz

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Re: Apprendi v. New Jersey
« Reply #1 on: April 19, 2009, 10:42:15 PM »
That's true, however, for convictions that were final prior to Apprendi they are NOT entitled to that protection. Simply, Apprendi is not retroactive to convictions before the ruling.

Offline Jims

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Re: Apprendi v. New Jersey
« Reply #2 on: April 19, 2009, 11:09:51 PM »
If you notice the date of Scout's post, it was 2006. We have since discussed Apprendi and its progeny. If you search for Apprendi, or Blakely, Burton, Rita, etc., you'll get all kinds of updated info.

There is also a link to The Sentencing Law and Policy blog written by Professor Doug Berman. He keeps up with Apprendi and the retroactivity issue. It's a widely held opinion by most jurists that Apprendi should be retroactive. But, logistics and pressure from prosecutors have thus far have kept the SCOTUS from applying it as such. Yes, there would be chaos in the courts but really that should be beside the point. If a person's constitutional rights were violated, it shouldn't matter when s/he received the sentence.

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Offline Schrader42

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Re: Apprendi v. New Jersey
« Reply #3 on: April 26, 2009, 06:20:38 AM »
I've been following Mr. Berman's blog for a couple of years now and he's very good.  So many have Blakely, Burton and Apprendi issues but the 7th circuit refuses to hear them and always closes the doors on these retroactive claims.