Does Apprendi Protect Corporate Criminal Defendants?

Law360, New York (October 6, 2011, 6:53 PM EDT) -- The U.S. Supreme Court has been asked to step in and resolve a key corporate sentencing issue currently dividing the circuits: whether the facts underlying the imposition of a criminal fine must be decided by a jury and proven beyond a reasonable doubt. 

The Second, Sixth and Seventh Circuits have held that such facts must be determined by the jury. In so holding, these courts have applied the “Apprendi rule” to criminal fines — any fact used to increase a penalty beyond what could be imposed...
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