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Candidate Notes on 99-478

 


99-478 on Mar 28, 2000

Apprendi fired several shots into the home of an African-American family and made a statement that he did not want the family in his neighborhood because of their race. He was charged with possession of a firearm for an unlawful purpose, which carries a prison term of 5 to 10 years. The count did not refer to the State’s hate crime statute, which provides for an enhanced sentence [for racial intimidation]. After Apprendi pleaded guilty, the prosecutor filed a motion to enhance the sentence. The court found that the shooting was racially motivated and sentenced Apprendi to a 12-year term on the firearms count.

Held:

(Stevens, joined by Souter, Ginsburg, Scalia & Thomas)
The Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt.

Concurrence:

(Thomas & Scalia)
My view is that the Constitution requires a broader rule than the Court adopts. If the legislature defines some core crime and then provides for increasing the punishment of that crime upon a finding of some aggravating fact—then the core crime and the aggravating fact together constitute an aggravated crime, just as much as grand larceny is an aggravated form of petit larceny.

Dissent:

(O’Connor, joined by Rehnquist & Breyer)
Our Court has long recognized that not every fact that bears on a defendant’s punishment need be charged in an indictment, submitted to a jury, and proved by the government beyond a reasonable doubt. Rather, we have held that the “legislature’s definition of the elements of the offense is usually dispositive.” The Court today casts aside our traditional cautious approach and instead embraces a universal and seemingly bright-line rule limiting the power of legislatures.

Participating counts on VoteMatch question 2.



Democrats participating in 99-478



Republicans participating in 99-478



Independents participating in 99-478

Stephen Breyer j3dUS Supreme Court
Ruth Bader Ginsburg j1US Supreme Court
Anthony Kennedy j3dUS Supreme Court
Sandra Day O'Connor w3dUS Supreme Court
William Rehnquist j3dUS Supreme Court
Antonin Scalia j2cUS Supreme Court
David Souter j1US Supreme Court
John Paul Stevens w1US Supreme Court
Clarence Thomas w2cUS Supreme Court



Total recorded by OnTheIssues:

Democrats: 0
Republicans: 0
Independents: 9