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

13 Pages Posted: 3 Jun 2011

See all articles by Eli K. Best

Eli K. Best

affiliation not provided to SSRN

Date Written: June 1, 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.

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

Suggested Citation

Best, Eli Kahn, 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: https://ssrn.com/abstract=1856691

Eli Kahn Best (Contact Author)

affiliation not provided to SSRN ( email )

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