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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Cunningham v. California ： ウィキペディア英語版 Cunningham v. California ''Cunningham v. California'', 549 U.S. 270 (2007), held that the rule first announced in ''Apprendi v. New Jersey'', , applies to California's Determinate Sentencing Law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term. There must exist specific aggravating factors about the crime before a judge may impose the high term. Under the ''Apprendi'' rule, as explained in ''Blakely v. Washington'', , any fact that increases the punishment above that which the judge may impose without that fact must be found by a jury beyond a reasonable doubt. In ''People v. Black'', the California Supreme Court rejected the argument that under ''Blakely'', the jury must find the additional facts necessary for the judge to impose the high term under the DSL. In ''Cunningham'', the U.S. Supreme Court overruled ''Black'', ruling that ''Blakely'' applies to California's determinate sentencing scheme. ==Facts== After a jury trial, Cunningham was convicted of continuous sexual abuse of a child in Contra Costa County Superior Court, California. Under California's Determinate Sentencing Law (DSL), the authorized sentences for this crime are either 6, 12, or 16 years. Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term. In this case, at a post-trial hearing, the judge found by a preponderance of the evidence that Cunningham's victim was particularly vulnerable and that his conduct was violent, making him a danger to the community. The judge then concluded that this aggravating evidence outweighed the fact that Cunningham had no criminal history, and sentenced Cunningham to the high term of 16 years. The California Court of Appeal affirmed. The California Supreme Court denied review because it had recently held, in ''People v. Black'', that the DSL was constitutional under ''Blakely v. Washington''. Cunningham asked the U.S. Supreme Court to hear the case, and it agreed to do so. 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「Cunningham v. California」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.