Above the Fray: Supreme Court Should Let Judges Keep a Hand in Who Gets Executed
University of Pennsylvania Law School
Legal Times, Vol. 25, No. 5, February 4, 2002
In Apprendi v. New Jersey (2000), the Supreme Court held that any fact that increases a defendant's statutory maximum sentence must be proved to a jury beyond a reasonable doubt. This Term, in Ring v. Arizona, the Court will decide whether to extend Apprendi to ban capital sentencing by judges. This op-ed essay analyzes the Apprendi debate as a clash of the historical ideal of individualized justice by juries versus practical concerns about equality and efficiency. This essay supports the continuation of judicial capital sentencing, as it is a promising tool for combatting racial disparities in the death penalty.
Number of Pages in PDF File: 2
Keywords: Apprendi, Ring, death penalty, capital punishment, race, sentencing, jury, criminal procedure
JEL Classification: K14Accepted Paper Series
Date posted: February 11, 2002
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