Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
“The Sixth Amendment Rights to Fairness: The Touchstones of Effectiveness and Pragmatism”
Main November 1, 2012"The Sixth Amendment Rights to Fairness: The Touchstones of Effectiveness and Pragmatism" The title of this post is the title of this paper by Robert Mosteller now…
Sentencing Law and Policy
A musical message from Milbarge in honor ofHarrisreconsideration
Main October 7, 2012A musical message from Milbarge in honor of Harris reconsideration Very long-time readers may recall some comical song parodies by the mysterious Milbarge concerning Blakely and Booker…
Sentencing Law and Policy
Is SCOTUS gearing up to reconsiderHarrisand the Sixth Amendment’s application to mandatory minimums?
Main October 3, 2012Is SCOTUS gearing up to reconsider Harris and the Sixth Amendment's application to mandatory minimums?The question in the title of this post is prompted by an exciting…
Sentencing Law and Policy
“A Demise Greatly Exaggerated —ApprendiIs Extended to Criminal Fines”
Main October 3, 2012"A Demise Greatly Exaggerated — Apprendi Is Extended to Criminal Fines"The title of this post is the title of this notable new piece authored by David Debold…
Sentencing Law and Policy
Ninth Circuit orders hearing on bad plea advice over three-strikes sentencing
Main September 28, 2012Ninth Circuit orders hearing on bad plea advice over three-strikes sentencing The Ninth Circuit today handed down a notable panel opinion in Miles v. Martel, No. 10-15633…
Sentencing Law and Policy
Is it time for the Confrontation Clause to apply at sentencing?
Main September 21, 2012Is it time for the Confrontation Clause to apply at sentencing? The question in the title of this post is prompted by a new student note by…
Sentencing Law and Policy
Effective review ofSouthern Union’s impact and potential import
Main July 19, 2012Effective review of Southern Union's impact and potential importFor various understandable reasons, the Supreme Court significant Sixth Amendment ruling in Southern Union has not gotten all that…
Workplace Safety and Environmental Law Alert Blog
Supreme Court Holds that Jury, not Court, Must Decide Duration of Misconduct Underlying Criminal Fines under RCRA
By Andrew H. Perellis and Philip L. Comella In an important decision concerning the application of the Resource Conservation and Recovery Act of 1976 (RCRA) criminal penalties, the U.S. Supreme…
Sentencing Law and Policy
Doesn’tSouthern Unionsuggest Sixth Amendment limits judicial factfinding forrestitutionpunishments?
Main June 21, 2012Doesn't Southern Union suggest Sixth Amendment limits judicial factfinding for restitution punishments? As explained in this post, I think the really consequential sentencing ruling from the Supreme…
Sentencing Law and Policy
Anyone figured outWilliams v. Illinoisor its tea leaves for the sentencing cases?
Main June 20, 2012Anyone figured out Williams v. Illinois or its tea leaves for the sentencing cases?I am still making my way through the full opinion in Williams (available here,…