Browsing Vanderbilt Law School Faculty Works by Author "King, Nancy J., 1958-"

Now showing items 1-20 of 34

    • Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release 
      King, Nancy J., 1958-; Applebaum, Brynne (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 ...
    • The American Criminal Jury 
      King, Nancy J., 1958- (Law and Contemporary Problems, 1999)
      As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
    • Appeal Waivers and the Future of Sentencing Policy 
      King, Nancy J., 1958-; O'Neill, Michael E. (Duke Law Journal, 2005)
      This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from ...
    • "Apprendi" and Plea Bargaining 
      King, Nancy J., 1958-; Klein, Susan Riva, 1962- (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 ...
    • Apres Apprendi 
      King, Nancy J., 1958-; Klein, Susan Riva, 1962- (Federal Sentencing Reporter, 2000)
      The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must ...
    • "Batson" for the Bench? Regulating the Peremptory Challenge of Judges 
      King, Nancy J., 1958- (Chicago-Kent Law Review, 1998)
      The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
    • Beyond Blakely 
      King, Nancy J., 1958-; Klein, Susan Riva, 1962- (Federal Sentencing Reporter, 2004)
      Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent ...
    • The Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle 
      King, Nancy J., 1958- (American Criminal Law Review, 1994)
      In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. ...
    • Enforcing Effective Assistance After Martinez 
      King, Nancy J., 1958- (Yale Law Journal, 2013)
      This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance ...
    • Essential Elements 
      King, Nancy J., 1958-; Klein, Susan Riva, 1962- (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 ...
    • Felony Jury Sentencing in Practice: A Three-State Study 
      King, Nancy J., 1958-; Noble, Rosevelt L. (Vanderbilt Law Review, 2004)
      Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...
    • Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences 
      King, Nancy J., 1958-; Sherry, Suzanna (Duke Law Journal, 2008)
      This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
    • How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared 
      King, Nancy J., 1958- (Ohio State Journal of Criminal Law, 2004)
      Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...
    • Judicial Oversight of Negotiated Sentences in a World of Bargained Punishment 
      King, Nancy J., 1958- (Stanford Law Review, 2005)
      Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
    • Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi" 
      King, Nancy J., 1958- (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 ...
    • Juror Delinquency in Criminal Trials in America, 1796-1996 
      King, Nancy J., 1958- (Michigan Law Review, 1996)
      This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. ...
    • Lafler v. Cooper and AEDPA 
      King, Nancy J., 1958- (Yale Law Journal Online, 2012)
      The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...
    • Nameless Justice: The Case for the Routine Use of Anonymous Juries in Criminal Trials 
      King, Nancy J., 1958- (Vanderbilt Law Review, 1996)
      We ask a lot of our jurors. The financial and emotional burdens of jury duty can be significant even in mundane cases. Deciding another's fate is often a trying ordeal, aggravated by unintelligible instructions, hostile ...
    • Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis 
      King, Nancy J., 1958- (Federal Sentencing Reporter, 2012)
      n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
    • Once a Criminal? Regulating the Use of Prior Convictions in Sentencing 
      King, Nancy J., 1958- (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 ...