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Sentencing Illicit Drug Trackers: How do the Courts Handle Random Sampling Issues?

Sentencing Illicit Drug Trackers: How do the Courts Handle Random Sampling Issues?

  1. mindless magpie
    During the last two years, several major developments in federal sentencing have taken place. It
    all started in June 2000 with Apprendi v. New Jersey, in which Justice O'Connor, in dissent,
    termed a \watershed in constitutional law." Prior to Apprendi, a judge would sentence a
    convicted drug tracker to imprisonment using the preponderance standard of proof on the
    quantities of drugs seized. The a ect of Apprendi is to make more juries decide the quantity
    of drugs by the reasonable doubt standard. Although Apprendi had nothing to do with illicit
    drugs, the implication now is that all federal sentencing protocols are under revision. Since
    Apprendi was decided, huge numbers of cases involving convicted drug trackers have been
    appealed, with the result that a ruling from the Supreme Court on further clari cation of this
    issue is expected. This article discusses the repercussions on various statistical issues involved
    in the determination of total drug quantity under the changing protocols.