Sentencing Appeal Highlights Supreme Court’s ‘History and Tradition’ Focus, Debate

Details

Publish Date:

March 27, 2024

Author(s):

Hoover, Jimmy

Source:

National Law Journal

Related Person(s):

Related Organization(s):

Supreme Court Litigation Clinic,
Stanford Criminal Justice Center (SCJC)

Summary

“A judge may not increase a defendant’s sentencing range based on offense-related conduct that the prior jury did not need to find,” Fisher argued, pointing to the 2000 Supreme Court decision Apprendi v. New Jersey. That decision held that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt.”