Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Elkan Abramowitz and Jonathan Sack

Over the past 20 years, the Sixth Amendment right to a jury trial has been extended to sentencing. Beginning with Apprendi v. New Jersey, 530 U.S. 466 (2000), the U.S. Supreme Court has held that a criminal defendant may not be subjected to an increased term of imprisonment or a fine unless the facts that support the increase have been presented to a jury and proven beyond a reasonable doubt. In recent years, defendants have argued that the reasoning of Apprendi applies to restitution, which trial judges currently may impose based solely on post-conviction, judicial fact finding. While federal appellate courts have uniformly rejected efforts to extend Apprendi to restitution, in January 2019, two justices of the Supreme Court, Justices Gorsuch and Sotomayor, dissented from a denial of certiorari, maintaining that the Supreme Court should take up the issue. See Hester v. United States, 139 S. Ct. 509 (2019) (Gorsuch, J.).

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


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 © 2020 ALM Media Properties, LLC. All Rights Reserved.