翻訳と辞書
Words near each other
・ Appraisal theory
・ Appraisal value
・ Appraised value
・ Appraiser
・ Appreciation
・ Appreciation Day
・ Appreciation Index
・ Appreciative advising
・ Appreciative inquiry
・ Appreciative inquiry in education
・ Appreciative listening
・ Apprehension
・ Apprehension (understanding)
・ Apprehensive Films
・ Apprenda
Apprendi v. New Jersey
・ Apprends-Moi
・ Appreneur
・ ApprenNet
・ Apprentice (software)
・ Apprentice (video game)
・ Apprentice Adept
・ Apprentice Boys of Derry
・ Apprentice of the Universe
・ Apprentice to Murder
・ Apprentice Video
・ Apprentices Act 1536
・ Apprentices mobility
・ Apprenticeship
・ Apprenticeship Ambassadors Network


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Apprendi v. New Jersey : ウィキペディア英語版
Apprendi v. New Jersey

''Apprendi v. New Jersey'', , was a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. The decision has been a cornerstone in the modern resurgence in jury trial rights. As Justice Scalia noted in his concurring opinion, the jury-trial right "has never been efficient; but it has always been free."
The ''Apprendi'' decision was subsequently cited as precedent by the court in its consideration of ''Ring v. Arizona'', which struck down Arizona's judge-only method of imposing the death penalty, and also in ''Blakely v. Washington'', which ruled that mandatory state sentencing guidelines are the statutory maximum for purposes of applying the ''Apprendi'' rule.
== Background ==
In the early morning hours of December 22, 1994, Charles Apprendi, Jr., fired several .22-caliber bullets into the home of an African-American family that had recently moved into his neighborhood. He was arrested an hour later. During questioning by police, he admitted that he shot at the house because its occupants were "black in color" and for that reason he did not "want them in the neighborhood."
Later, Apprendi pleaded guilty to weapons possession charges. Each of these counts carried a sentence of between 5 and 10 years in prison. As part of the plea bargain, the prosecution reserved the right to seek an enhanced sentence on the basis that the crime was committed with a biased purpose. Such an enhancement would have doubled the sentence otherwise imposed for each of the crimes. Apprendi, in turn, reserved the right to challenge the bias crime enhancement, claiming it violated the federal Constitution.
The trial judge accepted Apprendi's plea. At a later hearing, he heard testimony from Apprendi himself as well as from psychologists stating that the shooting was not motivated by racial hatred but instead was the result of intoxication. The policeman testified at this hearing that Apprendi's motivation was racial animus. The trial judge found "by a preponderance of the evidence" that Apprendi's crime was motivated by the race of the victims. He sentenced Apprendi to 12 years in prison—2 years above the maximum sentence authorized for the weapons charge apart from the race enhancement.
Apprendi appealed, represented by Charles Coant and Joseph O'Neill. The Appellate Division of the New Jersey Superior Court affirmed the enhancement on the grounds that it was a "sentencing factor" rather than an "element" of the crime, and therefore not subject to the jury-trial and proof-beyond-a-reasonable-doubt requirements of the Constitution. The New Jersey Supreme Court agreed with this conclusion, and also affirmed Apprendi's sentence. Apprendi appealed to the Supreme Court.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Apprendi v. New Jersey」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.