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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 ...
Constitutional Risks to Equal Protection in the Criminal Justice System
(Harvard Law Review, 2001)
This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...