Word: apprendi
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...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...
...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...
...first two cases and in the majority in the third. So though he is sometimes jokingly known as "Let 'Em Go Nino" for certain rulings he's made in the criminal area, the emphasis is on "jokingly." In a handful of cases - most notably last year's Apprendi v. New Jersey, in which he sided with the majority in holding that juries, and not judges, must make any factual findings on enhancements of penalties under the federal sentencing guidelines - he has found against the government. Another example, from 1987: Arizona v. Hicks. In that case, authorities, responding to reports...
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