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"Should Juries Be the Guide for Adventures Through Apprendi-Land?"

By Douglas A. Berman

In this post a few weeks ago, I spotlighted 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."   I was honored to have been asked by the CLR folks to write a response to Ball's piece in the CLR's great Sidebar section, and my piece is now available in pdf form at this link.  My little article carries the same title as this post, and here is how it starts: David Ball?s article, Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment, merits a place on any top ten list of must-read pieces concerning the Supreme Court?s modern sentencing jurisprudence...continue to full post

Full post as published by Sentencing Law and Policy on July 01, 2009 (boomark / email).