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Example of an Unconstitutional Sentence Enhancement

17 February, 2016 - 11:05

Ross is tried and convicted by a jury of simple kidnapping. The maximum sentence for simple kidnapping is five years. At Ross’s sentencing hearing, the judge hears testimony from Ross’s kidnapping victim about the physical and mental torture Ross inflicted during the kidnapping. The victim did not testify at trial. The judge finds that the victim’s testimony is credible and rules that Ross used cruelty during the kidnapping by a preponderance of evidence. The judge thereafter enhances Ross’s sentence to eight years, based on a statutory sentencing enhancement of three years for “deliberate cruelty inflicted during the commission of a crime.” The three-year sentencing enhancement is most likely unconstitutional. Under the Sixth Amendment right to a jury trial, the jury must find deliberate cruelty beyond a reasonable doubt. A court can strike the enhancement of three years on appeal, and on remand, the trial court cannot increase the sentence beyond the five-year maximum.

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Figure 3.10 The Sixth Amendment