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Expert Analysis

Case Study: US V. Southern Union

Law360, New York (June 26, 2012, 1:08 PM EDT) -- More than a decade ago, in Apprendi v. New Jersey, 530 U.S. 466 (2000), a divided U.S. Supreme Court ruled that the Sixth Amendment right to a jury trial requires the jury, not a judge, to find beyond a reasonable doubt all facts that increase the statutory maximum punishment for a crime. In that case, a jury convicted Charles Apprendi of weapons charges. Then, at sentencing, the judge found that his crimes were "hate crimes" (Apprendi fired at the home of an African-American family and told the police he did not want them in his neighborhood) and imposed an enhanced sentence under New Jersey law....

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