Until recently, judges could use evidence received at the sentencing hearing to enhance a sentence beyond the statutory maximum by making a determination of the new facts to a preponderance of evidence. However, in Apprendiv.NewJersey, 530 U.S. 466 (2000), the US Supreme Court held that the right to a jury trial prohibits judges from enhancing criminal sentences beyond the statutory maximum based on facts not determined by a j ury beyond a reasonable doubt. In Apprendi, the trial court enhanced the defendant’s sentence beyond the statutory maximum for possession of a firearm with an unlawful purpose under New Jersey’s hate crimes statute. Although the jury did not determine that the defendant’s crime was a hate crime, the judge accepted new evidence at sentencing that indicated the defendant’s shooting into a residence was racially motivated. The US Supreme Court reversed the New Jersey Supreme Court, which upheld the sentencing procedure. The Court held that other than evidence of a prior conviction, a judge cannot enhance a defendant’s sentence beyond the statutory maximum unless there has been a factual determination by a jury beyond a reasonable doubt of the facts supporting the sentencing enhancement. The Court based its holding on the Sixth Amendment right to a jury trial as incorporated and applied to the states through the Fourteenth Amendment due process clause.
Post-Apprendi, this holding was extended to federal sentencing guidelines in U.S.v.Booker, 543 U.S. 220 (2005). In Booker, a federal judge enhanced a sentence following mandatory US Sentencing Guidelines, which permitted judges to find the sentencing enhancement facts using the preponderance of evidence standard. The US Supreme Court ruled that the enhancement was invalid under the Sixth Amendment right to a jury trial and held that the US Sentencing Guidelines would be advisoryonly, never mandatory. Bookerwas based on Blakelyv.Washington, 542 U.S. 296 (2004), which invalidated a similar Washington State sentencing procedure.
Pursuant to Apprendi, Booker, and Blakely, a criminal defendant’s sentence is unconstitutional under the Sixth Amendment right to a jury trial if it is enhancedbeyond the statutory maximum by facts that were notdetermined by a jury beyond a reasonable doubt. This premise applies in federal and state courts and also to guilty pleas rather than jury verdicts. 1
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