Alleyne_v._United_States

<i>Alleyne v. United States</i>

Alleyne v. United States

2013 United States Supreme Court case

Alleyne v. United States, 570 U.S. 99 (2013), was a United States Supreme Court case that decided that, in line with Apprendi v. New Jersey (2000), all facts that increase a mandatory minimum sentence for a criminal offense must be submitted to and found true by a jury, not merely determined to be true at a judge's discretion. The majority opinion was written by Justice Clarence Thomas, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.[1]

Quick Facts Alleyne v. United States, Argued January 14, 2013 Decided June 17, 2013 ...

Summary of findings

In the original trial, the defendant (Alleyne) was convicted of using or carrying a firearm in a violent crime, which carried a mandatory minimum penalty of five years' imprisonment. However, the mandatory minimum would rise to seven years if the accused were found to have "brandished" the firearm during the crime, and to ten years if it had been fired. In the original trial the judge, rather than the jury, determined that Alleyne had probably brandished the firearm during the robbery, which caused the mandatory minimum sentence to rise to seven years (which was the sentence imposed).

The Supreme Court found that the question of whether or not the accused had brandished his weapon during the robbery was not merely a "sentencing factor," which the judge could unilaterally decide, but an "ingredient of the offense," which must be assessed and decided upon by the jury. The Court also expressly overruled Harris v. United States (2002), which had reached a contrary ruling.[2]

See also

Wikisource has the original text of:

References

  1. [1]
    Alleyne v. United States, 570 U.S. 99 (2013).
  2. [2]
    "SUPREME COURT UPDATE: ALLEYNE V. UNITED STATES (11-9335) AND SALINAS V. TEXAS (12-246)". Appellate and Complex Legal Issues Practice Group, Wiggin and Dana LLP. June 19, 2013. Retrieved July 27, 2013.

Further reading

  • Applebaum, Brynn (2015). "Criminal Asset Forfeiture and the Sixth Amendment after Southern Union and Alleyne: State-Level Ramifications". Vand. L. Rev. 68 (2): 549–574.
  • Bala, Nila (2015). "Judicial Fact-Finding in the Wake of Alleyne". New York University Review of Law & Social Change. 39 (1): 1–44.


Stub icon

This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.
Share this article:

This article uses material from the Wikipedia article Alleyne_v._United_States, and is written by contributors. Text is available under a CC BY-SA 4.0 International License; additional terms may apply. Images, videos and audio are available under their respective licenses.