Browsing Vanderbilt Law School Faculty Works by Author "Klein, Susan Riva, 1962-"

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    • "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 ...
    • 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 ...
    • 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 ...