Commentary: Apprendi and Plea Bargaining

13 Pages Posted: 6 Aug 2001

See all articles by Nancy J. King

Nancy J. King

Vanderbilt University - Law School

Susan R. Klein

University of Texas School of Law


Apprendi and Plea Bargaining addresses the impact of Apprendi (Apprendi v. New Jersey, 120 S.Ct. 2348) on the plea bargaining process in both federal and state court. This short piece responds to the arguments of Bibas, 110 Yale.L.J. 1097, who maintains that Apprendi leaves defendants worse off than they were before the decision. King & Klein demonstrate why and how Apprendi will increase safeguards available to the accused, even for those defendants who plead guilty. The piece collects many of the recent cases applying the Apprendi decision and includes a discussion of the practical effect of Apprendi in cases under the United States Sentencing Guidelines.

Suggested Citation

King, Nancy J. and Klein, Susan R., Commentary: Apprendi and Plea Bargaining. Vanderbilt Public Law Research Paper No. 01-7; & U of Texas Law, Public Law Research Paper No. 27. Available at SSRN: or

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)

Susan R. Klein

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1324 (Phone)
512-471-6988 (Fax)


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