Is a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury?
California, United States of America
The following excerpt is from People v. Barrajas, B231372 (Cal. App. 2012):
As a matter of federal Constitution law, "any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." (Apprendi v. New Jersey (2000) 530 U.S. 466, 490
Page 7
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a fact that increases the penalty for a crime beyond the statutory maximum for assault have to be submitted to a jury? (California, United States of America)
Does a fact that increases the penalty for a crime beyond the prescribed statutory maximum must be proven beyond a reasonable doubt? (California, United States of America)
In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt? (California, United States of America)
Is an ex post facto law that increases the severity of a penalty imposed under section 1465.7 a year after the crime was committed a "penalty"? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
In what circumstances will a jury overturn a death penalty jury's finding that a robbery and burglary committed during the course of the crime be considered an independent aggravating factor? (California, United States of America)
Does section 654 of the California Death Penalty Act prohibit a penalty phase jury from considering separate crimes based on the same act of violence? (California, United States of America)
In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase? (California, United States of America)
In a penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial? (California, United States of America)
