Is a defendant required to prove dangerousness to a jury beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Cordova, 203 Cal.Rptr.3d 700, 248 Cal.App.4th 543 (Cal. App. 2016):
Defendant contends that the prosecution was required to prove dangerousness to a jury beyond a reasonable doubt under the authority of Apprendi v. New Jersey (2000) 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (Apprendi ), which held that the federal constitutional rights to a
[203 Cal.Rptr.3d 733]
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