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Is Justice Stevens the greatest (or most significant or ___) sentencing Justice of all time?

By Douglas A. Berman

Especially given that Justice Stevens has three more months of important work left in his Supreme Court tenure, I am disinclined to spend too much time right now reviewing his extraordinary record and legacy as a Justice.  Nevertheless, I think it is worth noting even now that Justice Stevens necessarily has a unique and special place in the history of sentencing jurisprudence.  Let me explain. Justice Stevens will retire this year as the only Justice to have had a central and enduring role in both the revolution of capital sentencing doctrine through the Eighth Amendment jurisprudence of Gregg and its progeny and in the revolution of non-capital sentencing doctrine through the Sixth Amendment jurisprudence of Apprendi and its progeny.  For this reason alone, it seems reasonable to call Justice Stevens the greatest -- or the most significant or some other accolade -- sentencing Justice of all time...continue to full post

Full post as published by Sentencing Law and Policy on April 11, 2010 (boomark / email).