Thank you for sharing!

Your article was successfully shared with the contacts you provided.
T he U.S. Supreme Court’s recent decision in Ring v. Arizona, 02 C.D.O.S. 5594, explicitly overturned death penalty sentencing schemes in at least five states, and perhaps four others. But Ring, properly applied, could also be the constitutional basis for invalidating a part of California’s capital sentencing scheme that allows individual jurors to find and apply their own aggravating factors, including unadjudicated prior criminal conduct.

In the two years since Apprendi v. New Jersey, 530 U.S. 466 (2000), California death appeals have routinely argued that Apprendi requires unanimous jury findings of the aggravating factors necessary to impose the death penalty. Apprendi required that, whenever a fact could lead to a sentence greater than that provided by statute (for example, in that case, that the crime was motivated by racial animus), the fact must be found by the jury beyond a reasonable doubt.

In Ring, the Supreme Court applied Apprendi to strike down the death penalty schemes in five states in which judges, rather than juries, were assigned the task of finding such aggravating factors. Ring, it will now be argued, requires application of Apprendi to the California death penalty sentencing scheme to preclude individual juror determinations of aggravating factors.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.