Abstract

http://ssrn.com/abstract=1856691
 
 

Footnotes (67)



 


 



Elements, Sentencing Factors, and the Right to a Jury Trial: An Analysis of Legislative Power and its Limits


Eli K. Best


affiliation not provided to SSRN

June 1, 2011

Yale Law & Policy Review, Vol. 29, 2011

Abstract:     
The Supreme Court often states that the decision as to whether a given fact in a criminal statute is an element or a sentencing factor is a question for Congress, but this seemingly straightforward statement masks some complicated subtleties. This Comment explores the extent to which Congress is theoretically free to make these decisions, and the extent to which Congress makes them in practice.

Number of Pages in PDF File: 13

Keywords: element, sentencing factor, jury trial, due process, United States v. O'Brien, United States v. Harris

Accepted Paper Series


Download This Paper

Date posted: June 3, 2011  

Suggested Citation

Best, Eli K., Elements, Sentencing Factors, and the Right to a Jury Trial: An Analysis of Legislative Power and its Limits (June 1, 2011). Yale Law & Policy Review, Vol. 29, 2011. Available at SSRN: http://ssrn.com/abstract=1856691

Contact Information

Eli Kahn Best (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 380
Downloads: 41
Footnotes:  67

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.234 seconds