Apprendi v. New Jersey, The Scaling Back of the Sentencing Factor Revolution and the Resurrection of Criminal Defendant Rights, How Far is Too Far?

Abstract

This Note will analyze the Apprendi v. New Jersey decision, discuss its potential impact, and argue that it should be narrowly construed. Part II traces the development of major cases that makeup the Supreme Court's due process jurisprudence and Apprendi's foundation. Case law will be examined to determine the policy and constitutional concems that drive whether a fact is an element of a crime or a sentencing factor. This section will also discuss how the McMillan five-factor test has influenced the Supreme Court's interpretation of sentencing factors and the tensions this test has created with previous decisions that seem to require the beyond a reasonable doubt standard whenever a defendant's sentence is increased. Part III presents the statement of facts in Apprendi. Part IV provides an in-depth analysis of the Court's rationale in the majority, concurring, and dissenting opinions. Part V will evaluate the potential impact of the Court's holding on the judicial system, legislature, and individuals. The Note will briefly conclude in Part VI.