To: Sabertooth
All of those other sentences are not unconstitutional as long as: 1. the judge-imposed sentence did not exceed the statutorily allowed maximum, or 2. if the sentence did surpass the maximum, it was based upon facts tried to a jury and found by a jury to exist. What the Supreme Court is saying with this decision is that any statutorily-created factors that AGGRAVATE a crime's punishment MUST be found to exist by a jury.
To: ernie pantuso
What the Supreme Court is saying with this decision is that any statutorily-created factors that AGGRAVATE a crime's punishment MUST be found to exist by a jury.
I hope your interpretation is correct.
But knowing the proclivities of lawyers and judges, I'm uneasy with where this could go.
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