CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, June 17, 2013

"First-cut reactions as to what is big, and not so big, about Alleyne's reversal of Harris"

Doug Berman at Sentencing Law & Policy has this post. In part:

The Could-Be-Huge of Alleynethere are any number of shaky exceptions and carve-outs to the full application of Apprendidoctrines, ranging from the prior-conviction exception ofAlmendarez-Torres to all sorts of efforts by lower courts to refuse to acknowledge Apprendi's potential impact on all sorts of judicial fact-finding that impacts punishment realities.  If Alleyne(which comes just a year after Southern Union) portends a Court now willing and eager to keep taking up Apprendi issues and extending the reach of the Sixth Amendment, we all might be in for quite an interesting Sixth Amendment ride over the next few Term.  (And, for the really creative, perhaps Alleyne could be combined with Peugh to perhaps even generate procedural protections even for federal defendants sentencing in a post-Booker world.)

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