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FAQs: The Impact of the Alleyne Decision

By Craig M. Coscarelli

INTRODUCTION:

On June 17, 2013, the U.S. Supreme Court hand down a remarkable 5-4 decision in Alleyne v. United States,( No. 11-9335) (S. Ct. June 17, 2013) wherein the Court held that [a]ny fact that increases the mandatory minimum is an “element” that must be submitted to the jury and found beyond a reasonable doubt. The money quote from the majority opinion was ” because there is no basis in principle or logic to distinguish facts that raise the maximum from those that increase the minimum, Harris was inconsistent with Apprendi. It is, accordingly, Overruled.” Alleyne, slip opinion, at page 15.

While the students of the law here at U.S.P. Lewisburg  have not had time yet to fully study the Alleyne case, based on a much-to-quick first read, and first cut reaction, we have put together the below list of frequently asked questions addressing how we believe the Alleyne decision will impact your case.

1) Is Alleyne Retroactive?

Answer: Whether or not a new rule of law announced by the Supreme Court is to apply retroactively in criminal cases on habeas review for the first time depends largely on whether this rule is substantive or procedural.

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Adams State University Prison College Program

Adams State University offers the following information about the Prison College Program, designed specifically for prisoners:

Welcome to the Adams State University Prison College Program. Here you will find information about what Adams State University can offer to incarcerated individuals.  Image courtesy adams.edu

At Adams State University we know how important education is to all individuals, especially for those who happen to be incarcerated. Through correspondence courses, Adams State University provides an opportunity for incarcerated students to work for college credit and towards a degree. We have helped thousands of prisoners throughout the United States to reach their education goals.

Adams State University is committed to addressing the specific needs of incarcerated students by offering the following benefits:

  • Quality – All of our degrees are accredited by The Higher Learning Commission of the North Central Association of Colleges and Schools.
    http://www.ncahlc.org/
  • Availability –  Numerous degree options are available through correspondence delivery including Associate of Arts, Associate of Science, Bachelor of Arts in Business Administration, History, Government, Sociology and Interdisciplinary Studies. Interdisciplinary Degrees consist of two emphasis areas.   We also offer a correspondence Masters in Business Administration. 
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