American Criminal Law Review articles from March 2001

American Criminal Law Review archives from March 2001

The lawfulness of the trial.
March 22, 2001... Much of the recent criticism of the American trial focuses on its perceived "lawlessness."(1) Commentators have accused juries of making decisions based on emotion and prejudice, all the way up to explicit nullification.(2) Reformers have noted...

Due process, history, and Apprendi v. New Jersey.(Apprendi Symposium)
March 22, 2001... I. THE OLD WORLD: INCREDIBLE DISCRETION Prior to the adoption of sentencing guidelines(1) and "truth in sentencing"(2) in federal and many state courts, the imposition of sentences upon defendants convicted in most parts of the United...

Apprendi v. New Jersey: back to the future?(Apprendi Symposium)
March 22, 2001... I. INTRODUCTION In June 2000, the United States Supreme Court significantly altered the course of determinate sentencing law by deciding, in Apprendi v. New Jersey,(1) that all "sentencing factors" (other than prior convictions) that have...

Constitutional formalism and the meaning of Apprendi v. New Jersey.(Apprendi Symposium)
March 22, 2001... In June 2000, the United States Supreme Court decided Apprendi v. New Jersey,(1) a case that likely will have a significant impact on the administration of criminal justice in federal and state courts.(2) The Court imposed a procedural...

Comprendez Apprendi?(Apprendi Symposium)
March 22, 2001... How can you get a twelve-year sentence on a charge that carries a statutory maximum of ten years? Prior to the Supreme Court's 5-4 decision in June 2000, Apprendi v. New Jersey,(1) one's sentence could be "enhanced" beyond a statutory maximum...

The Great Debate V: A debate on judicial reform, England v. United States.(Georgetown University Law Center, Washington, D.C., September 20, 2000)
March 22, 2001... INTRODUCTION Two of the world's most respected judicial systems have the same root -- the English common law. Yet over the years, the modern judicial systems of England and the United States have diverged in some significant ways. To...

Judicial review and the limits of prosecutorial discretion. (Case Note)
March 22, 2001... I. INTRODUCTION The Executive Branch, as the branch of government charged by the Constitution with enforcing the law,(1) must be allowed considerable latitude in devising and executing its own enforcement strategies. Respect by the other...

Better to be judged by twelve than carried by six: the need for an "against-self-preservation" interest exception to the hearsay rule. (Case Note)
March 22, 2001... I. INTRODUCTION Imagine the following situation. You transport drugs for the Mafia and are arrested with ten kilograms of cocaine. At the police station, you are asked whether anyone else is involved. If you tell the truth and implicate...