1、Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20850March 20, 2001Federal Sentencing: A Sketch of Apprendi v.New Jersey and Its Impactname redactedSenior SpecialistAmerican Law DivisionSummaryIn Apprendi v. New Jersey, 120 S.Ct.
2、2348 (2000), the Supreme Court called intoquestion the sentencing role of federal judges. At the very least, the decision hasrequired alterations in the manner in which federal drug statutes and similar provisionsare prosecuted, and it may herald the demise of the federal sentencing guidelines.Appre
3、ndi holds that under the due process clause of the Fifth Amendment and thenotice and jury trial guarantees of the Sixth Amendment, any fact (other than priorconviction) that increases the maximum penalty for a crime must be charged in anindictment, submitted to a jury, and proven beyond a reasonable
4、 doubt, 120 S.Ct. at2355. The Courts sharp change of direction and the slim and fragile nature of theconsensus among the members of the majority make predictions perilous. It is thereforeperhaps not surprising that the various federal appellate courts have thus far construedApprendi narrowly.Winship
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