Apprendi+v.+New+Jersey

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There are the many reasons for why the court case “Apprendi v. New Jersey” took place. Some facts about this case include:

1. Charles C. Apprendi Jr. fired several shots on the home of an African American family. 2. In custody he made a statement that he did not want the family in the neighborhood because of their race. 3. He was charged under New Jersey law with second degree possession of a firearm for an unlawful purpose. 4. The court did not refer to the state’s hate crimes statute. 5. Apprendi had pleaded guilty, and the prosecutor filed a motion to his sentence. 6. The court found preponderance of the evidence that was racially motivated. 7. He was found guilty 8. he was sentenced to a 12 year term on the firearms court. 9. The appeals court rejected Apprendi’s claim that the due process clause requires that a bias finding bias finding be proved to a jury beyond a reasonable doubt. 10. The state Supreme Court affirmed.

Some issues and laws contributing to this court case are as follows: The Due Process Clause, and The Fourteenth Amendment.

Does the Due Process clause of the fourteenth amendment require that any fact that increases the penalty for a crime beyond the prescribed statutory maximum be submitted to a jury and proved beyond a reasonable doubt?

The court cases decision was a “yes” in a vote of 5-4, the court held the due process clause requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of prior conviction, must be submitted to a jury and proved beyond a reasonable doubt.

The Impact of the decision on society has affected criminal procedure greatly.

Dissenting Argument: Sandra Day O’ Connor

Narriative

On December 22, 1994, at 2:04 am, petitioner Charles C. Apprendi, Jr fired several bullets into the home of an African- American family. This African American family had recently moved into a previously moved into Charles C. Apprendi all white neighborhood in Vineland, New Jersey. Apprendi, later that night was arrested at approximately 3:05 a.m, also that night he later admitted that he was the shooter. After further questioning he made a statement that he said “because they are black in color he doesn’t want them in the neighborhood”. A new Jersey grand jury charging Apprendi four first-degree, six-third degree and five fourth degree offenses.=