Apprendi and Plea Bargaining

Abstract

Apprendi and Plea Bargaining addresses the impact of Apprendi (Apprendi v. New Jersey, 120 S.Ct. 2348) on the plea bargaining process in both federal and state court. This short piece responds to the arguments of Bibas, 110 Yale.L.J. 1097, who maintains that Apprendi leaves defendants worse off than they were before the decision. King & Klein demonstrate why and how Apprendi will increase safeguards available to the accused, even for those defendants who plead guilty. The piece collects many of the recent cases applying the Apprendi decision and includes a discussion of the practical effect of Apprendi in cases under the United States Sentencing Guidelines.