Feld Cited by District and Appellate Courts

Two court cases addressing the use of prior juvenile convictions to enhance adult sentences (People v Nguyen and People v. Massoni) have cited Barry Feld’s article, “The Constitutional Tension Between Apprendi and McKeiver: Sentence Enhancements Based on Delinquency Convictions and the Quality of Justice in Juvenile Courts.” The Supreme Court’s Apprendi (2000) decision expanded the constitutional role and importance of the jury in criminal sentencing. Because most states deny juveniles the right to a jury trial, both federal circuits and state courts have split over the constitutionality of using delinquency convictions to enhance adult criminal sentences. In Nguyen, the Court recognized that an increasing number of state courts have adopted the view that Apprendi bars the use of juvenile adjudications to enhance adult sentences.