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"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 ...
(Vanderbilt Law Review, 2001)
The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just ...