Supreme Court Grapples With Jury's Role In Sentencing

Law360, New York (January 14, 2013, 4:10 PM EST) -- The U.S. Supreme Court on Monday appeared reluctant to reverse a 2002 ruling allowing judges, rather than juries, to decide facts that increase a criminal defendant’s sentence beyond a certain minimum, questioning a defense attorney’s claim that the ruling violated the Sixth Amendment.

During oral arguments in Alleyne v. United States, federal public defender Mary E. Maguire urged the high court to revisit its 2002 ruling in Harris v. United States. In Harris, the court said facts that could raise a sentence above a minimum threshold...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.