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Will Apprendi Apply To Southern Union V. US?
Law360
February 2, 2012
Author(s): Paul F. Enzinna and Mark H. Tuohey III
Summary
In a series of decisions beginning with Apprendi v. New Jersey[1] in 2000, the U.S. Supreme Court has held that the Sixth Amendment’s jury trial guarantee requires that a jury, rather than a judge, determine, beyond a reasonable doubt, any fact that increases the maximum punishment to which a defendant may be sentenced. The court has applied this rule in a number of contexts, for example, requiring jury findings of facts necessary to sentence a defendant to death or to impose an elevated sentence.
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