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"Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment"

By Douglas A. Berman

The title of this post is the title of this new article on SSRN, and the article is a must-read for me simply because the title incorporates so many of my favorite jurisprudential buzz-words.  And, as this abstract highlights, the substance of the article also makes it a must-read:Apprendi v. New Jersey and Blakely v. Washington threw contemporary state sentencing into disarray, completely revamping practices and procedures in light of a new understanding of the due process and Sixth Amendment rights at sentencing.  While Apprendi and its progeny arguably represent a revolution in sentencing, there is one area that the revolution has left untouched: the view that the sentencing process ends when a judge in a courtroom pronounces a sentence...continue to full post

Full post as published by Sentencing Law and Policy on October 07, 2008 (boomark / email).