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Apprendi v. New Jersey
United States Supreme Court
530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)
- Written by Lucy Elsbree, JD
Facts
Under a state statute, a defendant can be sentenced between five and ten years imprisonment for possessing a firearm for an unlawful purpose. Under a separate “hate crime” statute, a defendant can be sentenced to an “extended term” if the trial judge finds by a preponderance of the evidence that the defendant committed a crime with the express purpose of intimidating a person or group because of race, gender, handicap, religion, sexual orientation or ethnicity. Pursuant to this hate crime statute, Apprendi (defendant) was sentenced to 12 years of imprisonment.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
Concurrence (Thomas, J.)
Concurrence (Scalia, J.)
Dissent (Breyer, J.)
Dissent (O’Connor, J.)
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