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
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. HarrisAccepted Paper Series
Date posted: June 3, 2011
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