http://www.caaflog.com/2009/11/04/american-law-institute-withdraws-death-penalty-provision-from-model-penal-code/ Covering the Military Justice System Sat, 11 Feb 2012 03:34:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.caaflog.com/2009/11/04/american-law-institute-withdraws-death-penalty-provision-from-model-penal-code/comment-page-1/#comment-10126 Mike "No Man" Navarre Wed, 04 Nov 2009 16:44:56 +0000 http://www.caaflog.com/?p=3348#comment-10126 Anon 12:31 beat me to it, but yes, Rule 1004 needs an overhaul to comply with Ring and Apprendi--soemthing I suggested to the JSC aboout 5 years ago. As for the issue of separation of powers . . . anyone who knows me knows where I stand on the sub silentio overruling of Loving by Ring v. Arizona. Anon 12:31 beat me to it, but yes, Rule 1004 needs an overhaul to comply with Ring and Apprendi–soemthing I suggested to the JSC aboout 5 years ago. As for the issue of separation of powers . . . anyone who knows me knows where I stand on the sub silentio overruling of Loving by Ring v. Arizona.

]]> http://www.caaflog.com/2009/11/04/american-law-institute-withdraws-death-penalty-provision-from-model-penal-code/comment-page-1/#comment-10116 Anonymous Wed, 04 Nov 2009 05:31:23 +0000 http://www.caaflog.com/?p=3348#comment-10116 1004 also seems to not reflect the changes vis-a-vis Ring and Apprendi. 1004 also seems to not reflect the changes vis-a-vis Ring and Apprendi.

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