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MMLU / A state statute provides that the crime of assault is generally punishable by a…

Problem

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question

A state statute provides that the crime of assault is generally punishable by a maximum of five years in prison. It further provides that the maximum punishment increases to 10 years in prison if the defendant possessed a deadly weapon during the assault. The statute designates the deadly weapon element as a sentencing factor. A defendant charged with assault has pleaded not guilty and has requested a jury trial. The prosecutor has announced that she will be seeking a 10- year sentence based on the defendant's alleged possession of a deadly weapon. What finding regarding the defendant's possession of a deadly weapon is necessary for the court to impose a 10-year sentence?

choices

  1. A judicial finding by a preponderance of the evidence.
  2. A jury finding by a preponderance of the evidence.
  3. A judicial finding beyond a reasonable doubt.
  4. A jury finding beyond a reasonable doubt.

subject

professional_law

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Source and history

task_id
64e57810-decd-562a-b421-474a6f05e67d
task_key
all--test--64e57810-decd-562a-b421-474a6f05e67d
task_revision_id
1
config / split
all / test

Official source

initial import