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Great new article on Apprendi and parole in Columbia Law Review

By Douglas A. Berman

I am pleased to be able to highlight the publication of this great new article by W. David Ball in the June 2009 issue of the Columbia Law Review, titled "Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment."  The full article can be accessed at this link, and here is the abstract: Under Apprendi v. New Jersey, any fact that increases an offender?s maximum punishment must be found by a jury beyond a reasonable doubt.  The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences ? that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed...continue to full post

Full post as published by Sentencing Law and Policy on June 12, 2009 (boomark / email).