Court: Juries Must Find Factors for Mandatory Minimums - Articles

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Posted by: Stacey Shrader Joslin on Jun 17, 2013

The high court on Monday ruled that juries, not judges, have the final say on facts that can trigger mandatory minimum sentences in criminal trials, WRCB-TV reports. The court overturned the sentencing of a Richmond man who was convicted of robbery and firearm possession. During the sentencing phase of the trial, the jury said his accomplice did not brandish a weapon but the judge found that he did. The judge’s finding raised the minimum sentence from five to seven years. Lawyers for the defendant argued that the decision should have been left to the jury. The court agreed and sent the case back for resentencing.

Other actions from the court today included rulings in favor of generic drug availability, allowing police to use suspects' silence against them at trial if they do not claim their Fifth Amendment right, and prohibiting lawyers from using state drivers' license records to recruit new clients. SCOTUSBlog has more on these decisions.