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Babes in Apprendi-land

Recommended by a listserv I'm on:Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process by Jenny E. Carroll, University of Cincinnati College of LawThis article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey... 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... Despite Apprendi's readily apparent application, juvenile courts have refused to apply Apprendi to juvenile transfer hearings...Professor Berman of Sentencing Law and Policy calls it, "a must-read for not only for those who enjoy trips to Apprendi-land, but also for anyone who follows juvenile justice issues...continue to full post

Full post as published by Arbitrary and Capricious on April 21, 2009 (boomark / email).