Jones based its analysis (526 U.S. at 251) on language in Walton, 497 U.S. at 648, which stated: "Aggravating circumstances are not separate penalties or offenses, but are 'standards to guide the making of [the] choice' between the alternative verdicts of death and life imprisonment." 117, 128-129 (1976).
plained above, and all of the cases supporting it, this practice cannot stand. The reason for criminal activity requires an inquiry into the defendant's motive, a traditional arena of criminal examination. And the reader will notice that, in all cases where the peculiar or aggravated punishment is to be inflicted, the peculiar or aggravating matter is required to be set out in the indictment." Neither our constitutional tradition nor fundamental fairness, however, requires that all the protections of a criminal trial be afforded in determining the existence of factors that the legislature deems relevant only to sentencing. If a legislature may require a mandatory minimum sentence based on a fact proved at sentencing, it should also be entitled to preclude sentences in excess of a particular length absent proof of a fact at sentencing. Defendant, Walek P. Dunlap, appeals from a sentence of ten years in prison for a second-degree robbery conviction imposed after violating special probation (Drug Court), N.J…
With him on the briefs were Charles I. Coant, Richard G. Singer, and Jeffrey T. Green. The chapter of the Texas code addressing burglary was entitled simply "Of Burglary" and began with a section explicitly defining "the offense of burglary."
And legislatures may well have relied upon that belief. In the majority's view, the statute did not allow impermissible burden shifting, and did not "create a separate offense calling for a separate penalty." Because the hate-crime enhancement increased the punishment available to the sentencing judge instead of raising the floor on the sentencing range as a mandatory minimum would, the Court would not allow the hate-crime enhancement to escape the constitutional protections. Id., at 396.7.
See State v. Parris, 89 S. C. 140, 141, 71 S. E. 808, 809 (1911); State v. Mitchell, 220 S. C. 433, 434-436, 68 S. E. 2d 350, 351-352 (1951). J. Breyer, joined by the Chief Justice, argued that the Court had built its holding on “a procedural ideal-that of juries, not judges, determining the existence of those facts upon which increased punishment turns.”. Wis. Rev. Once the presumption of innocence has been overcome by the jury's finding of guilt, see Taylor v. Kentucky, 436 U.S. 478, 483-486 (1978), the legislature's interest shifts from defining prohibited conduct to ensuring that society obtains a fair and adequate sentence, calibrated to the nature of the offender and the details of the particular offense. 841 (1994 & Supp.
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