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MMLU / A criminal defendant was convicted at a jury trial of several counts of fraud.…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A criminal defendant was convicted at a jury trial of several counts of fraud. At sentencing the court made additional factual findings, based on a preponderance of the evidence, that resulted in the addition of a 10-year enhancement to the sentence, which was over and above the maximum provided for by the jury's verdict. Defense counsel objected that the judge-made enhancement was unconstitutional and denied his right to a jury trial on that issue. Does counsel have a valid constitutional argument?

choices

  1. No, sentencing laws widely authorize the sentencing court to engage in fact-finding that is based on a preponderance of the evidence.
  2. No, it has never been decided that a defendant has a right to be judged on proof beyond a reasonable doubt.
  3. Yes, judicial fact-finding that increases the maximum sentence over what the jury's verdict allows is unconstitutional.
  4. Yes, it is unconstitutional for a court to use its discretion to fashioning a defendant's sentence.

subject

professional_law

Discussion

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Source and history

task_id
c79bd147-462f-5720-b6ac-3ea91a8f411d
task_key
all--test--c79bd147-462f-5720-b6ac-3ea91a8f411d
task_revision_id
1
config / split
all / test

Official source

initial import