4 ms·
Not according to the US Constitution: > The Sixth Amendment to the United States Constitution prohibits increasing the maximum authorized sentence for an offen
by baumandm 6y ago
Not according to the US Constitution:
> The Sixth Amendment to the United States Constitution prohibits increasing the maximum authorized sentence for an offense based on a fact not found by a jury.[1]
You're arguing the judge can essentially ignore the jury's findings on the case, which is the same as not having a jury.
And in this case, the prosecution didn't even bring an indictment for that particular crime. Allowing a judge to both decide which crimes were committed and who is guilty of committing them is not a great idea.
[1] https://en.wikipedia.org/wiki/United_States_constitutional_sentencing_law#Facts_not_found_by_a_jury https://en.wikipedia.org/wiki/United_States_constitutional_s...
- jjeaff 6y agoDid the judge increase the maximum authorized sentence? I don't think so. She gave the maximum allowable sentence. Was the detail of Albricht trying to hire someone to murder someone else not brought up in the case at all? You don't have to be charged with attempted murder for that evidence to come up in your drug dealer trial.