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New Mexico Supreme Court rejects Apprendi/Blakely challenge to judicial findings for juve bind-over

By Douglas A. Berman

As detailed in this brief local AP article, the New Mexico Supreme Court "has ruled it's constitutional for a judge to determine whether juvenile offenders can be sentenced as adults for certain violent crimes." Here are the basics: The justices issued a 4-1 ruling on Tuesday overturning a 2009 decision by the state Court of Appeals, which held that a jury rather than a judge should make the sentencing decision.  Justice Edward Chavez dissented, saying juvenile offenders are entitled to the same constitutional jury protections given to adults. At issue is a sentencing procedure for "youthful offenders" --- those 14 to 18 years old found guilty of violent felonies, including second-degree murder and robbery.  Judges can impose adult sentences only if they determine an offender is not amenable to treatment in the juvenile justice system...continue to full post

Full post as published by Sentencing Law and Policy on October 20, 2010 (boomark / email).