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Scholarly exploration of applying Apprendi to juve transfer decisions

By Douglas A. Berman

I just noticed on SSRN this new paper by Jenny E. Carroll, titled "Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process."  This looks like a must-read for not only for those who enjoy trips to Apprendi-land, but also for anyone who follows juvenile justice issues.  Here is the abstract: This article makes valuable new contributions to the burgeon-ing scholarly discourse on Apprendi v. New Jersey -- a landmark decision that celebrates its tenth anniversary this year. It builds on the author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt...continue to full post

Full post as published by Sentencing Law and Policy on April 09, 2009 (boomark / email).