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Heinous, Atrocious, and Cruel: Apprendi, Interdeterminate Sentencing, and the Meaning of Punishment
Heinous, Atrocious, and Cruel: Apprendi, Interdeterminate Sentencing, and the Meaning of Punishment
Publication year:
2009
| Cataloged on:
Jul. 14, 2009
ANNOTATION: The impact of indeterminate sentencing on the parole release process is discussed. Sections of this article include: abstract; introduction; unsuitable life sentences -- indeterminate sentences are sentences with discretionary parole release, California uses both determinate and indeterminate sentences, California's parole release process, and prisoners serve much longer sentences then their enumerated term of years; which body find which facts -- parole discretion and unsuitable life sentences, Apprendi's jury requirement, and reconciling Apprendi and parole due process with indeterminate sentencing serving a split purpose between punishment and rehabilitation; sentence limitations -- parole cases and the expectancy of release, and Apprendi, the statutory maximum, and the enumerated term; the standard of proof and the definition of an offense -- parole's standard of proof and Apprendi's requirement of proof beyond a reasonable doubt; policy considerations; and conclusion.
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