![]() Frequently Asked QuestionsĬan federal and state sentences run concurrently?įederal and state sentences can run concurrently or consecutively. The court stated, “Other than a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.” In other words, the jury determines the facts used at sentencing, not the judge. ![]() The standard by which a jury must conclude that such a fact exists is the same as that used to determine guilt: beyond a reasonable doubt. New Jersey, the United States Supreme Court ruled that the Sixth Amendment right to a jury trial means that any fact that leads to a sentence longer than the maximum spelled out in law must be found to exist by the jury. Federal and State Sentencing in Michigan Based on Facts Determined by the Jury ![]() A defendant has a right to a decision by a jury regarding important facts in his case. What is Apprendi, and how can it help me at sentencing? Unless the defendant agrees, a judge has limited power to decide the facts of a case.
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