Criminal,
U.S. Supreme Court
Jun. 22, 2013
Justices rule jury must decide facts that increase mandatory minimum sentences
Justice Clarence Thomas, writing for a slim majority, overturned the court's earlier rulings that a jury verdict was not required for sentencing ranges that exceed the statutory minimum.
Allison B. Margolin
Allison B. Margolin PLCEmail: allison@allisonmargolin.com
Allison is a founding partner of Allison B. Margolin PLC. The firm represents and advises cannabis businesses and individuals on compliance, licensing, zoning, criminal defense, and other matters at the local, state, and federal levels.
The U.S. Supreme Court handed down a major ruling on mandatory minimum sentences on Monday. The case concerned whether a defendant's Sixth Amendment right to a trial "by an impartial jury" extends to facts relating to punishment. The issue was whether punishment is an element of a crime, and if so, to what extent? In Alleyne v. United States, 2013 DJDAR 7678 (June 17, 2013), Justice Clarence Thomas, writing for a slim majority of 5-4, overturned the court's earlier rulings that a ...
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