Above the Fray: Supreme Court Should Let Judges Keep a Hand in Who Gets Executed

Legal Times, Vol. 25, No. 5, February 4, 2002

2 Pages Posted: 11 Feb 2002

See all articles by Stephanos Bibas

Stephanos Bibas

University of Pennsylvania Law School

Abstract

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.

Keywords: Apprendi, Ring, death penalty, capital punishment, race, sentencing, jury, criminal procedure

JEL Classification: K14

Suggested Citation

Bibas, Stephanos, Above the Fray: Supreme Court Should Let Judges Keep a Hand in Who Gets Executed. Legal Times, Vol. 25, No. 5, February 4, 2002. Available at SSRN: https://ssrn.com/abstract=299438 or http://dx.doi.org/10.2139/ssrn.299438

Stephanos Bibas (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-2297 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/

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