Court: |
US Supreme Court |
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Facts: |
Blakely pleaded guilty to kidnapping his estranged wife. He's a
troubled guy, with verious psychological diagnoses. She
wanted a divorce, and he captured her, duct-taped her, and
forced her into a box in his truck at knife-point. Ralphy,
their son, called the cops after some driving around. |
|
Posture: |
Charged with kidnapping, pled guilty, sentenced to a term
beyond the maximum carried by the facts he admitted,
on the basis of a finding of "deliberate cruelty" by
the judge. Appeal. |
|
Issue: |
Does sentencing on the basis of facts found by a judge violate
6A right to trial by jury? |
|
Holding: |
Yes. |
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Rule: |
Apprendi applies to facts pled as well as facts in evidence. |
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Reasoning: |
The right to a jury trial would be hollow if it didn't mean that
the state was required to prove specific things before
punishing you. 6A is not a limitation of judicial power;
it is a reservation of jury power. |
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Dicta: |
Dissent: determinate sentencing schemes involve fact-finding by
judges, but have less discretion than indeterminate sentencing
schemes. So if the latter is constitutional, so is the former. |