Apprendi's Two Constitutional Rights

Abstract

The Sixth Amendment right to a jury trial applies "in all criminal prosecutions." But when does a "criminal prosecution" end? In United States v. Haymond, the latest in the line of Apprendi v. New Jersey cases, the U.S. Supreme Court fractured on the question of whether postsentence revocations of supervised release fall within the Sixth Amendment right's scope. With Haymond as its vantage point, this Article suggests that the Court's post-Apprendi jurisprudence has intertwined the Sixth Amendment jury right with Fifth Amendment due process and that the constitutional law of sentencing would be well served by disentangling these two fundamental protections and refocusing on due process.