Recharging the Jury: The Criminal Jury's Constitutional Role in an Era of Mandatory Sentencing

Abstract

Discusses the criminal jury's constitutional role in mandatory sentencing in the U.S. Role of the Federal Sentencing Guidelines in impeding the jury's role at trial and in undercutting the indirect effect the jury has on plea negotiations; Proposal to the Supreme Court's test for determining when a fact must be found by a jury and cannot be labeled a mere sentencing factor; Reason why juries not judges must apply the mandatory sentencing laws.

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