MBE Rules · Criminal Procedure
Jury Findings at Sentencing
Apprendi / Alleyne
The rule
Any fact (other than a prior conviction) that increases the statutory maximum or a mandatory minimum must be charged and proved to a jury beyond a reasonable doubt.
In plain English
In criminal law, if a fact will increase the maximum penalty or establish a mandatory minimum sentence for a defendant, that fact must be presented to a jury and proven beyond a reasonable doubt. This ensures that the defendant's rights are protected and that any significant facts influencing their punishment are thoroughly examined.
Worked example
A defendant is convicted of robbery, which carries a maximum sentence of 10 years. During sentencing, the judge learns that the robbery involved a firearm, which increases the maximum sentence to 15 years. Since this fact was not charged and proven to a jury, the judge cannot impose the higher sentence, and the defendant will only face the original 10-year maximum.
Memory hook
No extra time without a jury's rhyme!
The trap
Exams may present scenarios where students overlook the need for jury findings on facts that affect sentencing, confusing them with prior convictions that do not require such proof. Students might mistakenly assume that judges can independently find these facts.
How examiners test it
Questions often involve a fact pattern where a defendant faces increased penalties due to specific circumstances, requiring candidates to identify whether those facts were properly charged and proven to a jury.
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