Recharging the Jury: The Criminal Jury's Constitutional Role in an Era of Mandatory Sentencing

Authors

Rachel E. Barkow, New York University School of LawFollow

Document Type

Article

Publication Title

University of Pennsylvania Law Review

Abstract

Discusses the criminal jury's constitutional role in mandatory sentencing in the U.S. Role of the Federal Sentencing Guidelines in impeding the jury's role at trial and in undercutting the indirect effect the jury has on plea negotiations; Proposal to the Supreme Court's test for determining when a fact must be found by a jury and cannot be labeled a mere sentencing factor; Reason why juries not judges must apply the mandatory sentencing laws.

First Page

33

DOI

https://doi.org/10.2307/3313061

Volume

152

Publication Date

11-1-2003

Recommended Citation

Rachel E. Barkow, Recharging the Jury: The Criminal Jury's Constitutional Role in an Era of Mandatory Sentencing, 152 University of Pennsylvania Law Review 33 (2003).
Available at: https://gretchen.law.nyu.edu/fac-articles/1330