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Constitutional Law

Aug. 16, 2000

'Apprendi' Appraisal

By Erwin Chemerinsky. Simply put, the court held that it violates due process and the Sixth Amendment to convict a person of one crime but punish him or her for another.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

        By Erwin Chemerinsky
        
        In a U.S. Supreme Court term filled with blockbuster decisions, perhaps the single most important case was one that received very little publicity. In Apprendi v. New Jersey, 120 S.Ct. 2348 (June 26, 2000), the Supreme Court held that the Constitution requires that any fact that increases t...

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