In recent cases, the United States Supreme Court has adopted the principle that the Sixth Amendment right to trial by jury requires that certain facts, in addition to the finding of guilt, must be found by the jury, not the judge. Discuss the holding of at least one recent case.
What will be an ideal response?
In Apprendi v. New Jersey, the Court held that any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. In Ring v. Arizona, the Court decided that if the defendant is subject to the death penalty, a jury must determine the presence or absence of aggravating factors required in order to impose the death penalty. In Blakely v. Washington, the Court declared that the sentencing guidelines allowing a judge to find the fact necessary to trigger a sentence about the statutory maximum violated the Sixth Amendment principle stated in Apprendi.
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Describe three alternatives that afford the defendant a pretrial release without having to post a cash bond
What will be an ideal response?
In regards to the establishment of a command post, the supervisor should consider all of the following except:
a. It should be located downwind from the affected areas. b. If possible, it should be positioned near a power supply where electricity is available to operate floodlights and mobile command post equipment. c. The command post's location should provide a staging area for personnel and their equipment as they arrive. d. The supervisor should carefully select a suitable site.
What are limitations on provisions of state constitutions that apply to criminal cases?
What will be an ideal response?
A(n) __________ is a reform plan by which judges are nominated by a committee and appointed by the governor for a given period
Fill in the blank(s) with correct word