Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release

11 Pages Posted: 31 Mar 2014 Last revised: 11 Jul 2014

Nancy J. King

Vanderbilt University - Law School

Brynn E. Applebaum

Vanderbilt University

Date Written: March 29, 2014

Abstract

This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the rule announced in the Court’s 2000 ruling, Apprendi v. New Jersey. To apply Alleyne, courts must for the first time determine what constitutes a minimum sentence and when that minimum is mandatory. These questions have proven particularly challenging in states that authorize indeterminate sentences, when statutes that delay the timing of eligibility for release are keyed to judicial findings at sentencing. The same questions also arise, in both determinate and indeterminate sentencing jurisdictions, under statutes that limit the option of imposing either probation or a suspended sentence upon judicial fact finding. In this Article, we argue that Alleyne invalidates such statutes. We provide analyses that litigants and judges might find useful as these Alleyne challenges make their way through the courts, and offer a menu of options for state lawmakers who would prefer to amend their sentencing law proactively in order to minimize disruption of their criminal justice systems.

Keywords: Alleyne, Apprendi, sentencing, probation, parole, jury, eligibility

JEL Classification: K14, K41

Suggested Citation

King, Nancy J. and Applebaum, Brynn E., Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release (March 29, 2014). Federal Sentencing Reporter, Forthcoming; Vanderbilt Public Law Research Paper No. 14-21. Available at SSRN: https://ssrn.com/abstract=2417808

Nancy J. King (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
(615) 343-9836 (Phone)
(615) 322-6631 (Fax)

Brynn E. Applebaum

Vanderbilt University ( email )

Nashville, TN 37240
United States

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