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

Criminal Law

: Sentencing Law and Policy

"Civil, Criminal, or Mary Jane: Stigma, Legislative Labels, and the Civil Case at the Heart of Criminal Procedure"

By Douglas A. Berman

The title of this post is the title of this new piece on SSRN by Professor W. David Ball. David always has interesting stuff to say about the Supreme Court's Apprendi jurisprudence, and the abstract to this article spotlights this fact: In criminal cases, any fact which increases the maximum punishment must be found by a jury beyond a reasonable doubt.  This rule, which comes from Apprendi v. New Jersey, looks to what facts do, not what they are called; in Justice Scalia?s memorable turn of phrase, it applies whether the legislature has labeled operant facts ?elements, enhancements, or Mary Jane.?  Civil statutes, however, can deprive an individual of her liberty on identical facts without needing to meet the beyond a reasonable doubt standard of proof...continue to full post

Full post as published by Sentencing Law and Policy on June 29, 2010 (boomark / email).