Recidivism Jury Trials

Erlinger v. United States Means Many Criminal History Determinations at Sentencing Are Jury Questions Under the Sixth Amendment*

Professor Tobie Smith writes that Erlinger v. United States gives defendants the chance to contest recidivism questions before a jury instead of a judge. He highlights types of recidivism findings that require a jury. Also, he identifies opportunities for successfully defending clients against recidivism enhancements in jury trials that sentencing laws were not designed for.