Now showing items 1-4 of 4
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing
(Marquette Lawyer Magazine, 2014)
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release
(Federal Sentencing Reporter, 2014)
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 ...
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
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 ...