Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Hawaii still dealing with Apprendi fix and fall-out

By Douglas A. Berman

This local article reveals how long it can take for certain matters to make their way from the Supreme Court in DC all the way out to Hawaii:State courts can resentence convicted felons to extended prison terms under a new law enacted just last year for cases dating to the year 2000, according to a state appeals court ruling issued last week.  The ruling by the state Intermediate Court of Appeals upholds the constitutionality of Act 1, which brings Hawaii sentencing statutes in line with recent U.S. Supreme Court orders and rulings.  The effective date of the law is retroactive to 2000, when the high court issued a ruling in a New Jersey case. The new law requires juries to determine whether a convicted felon is eligible for a prison term longer than what is normally allowed, based on the danger he poses to the public...continue to full post

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