Apprendi rule

Definition

A constitutional principle from Apprendi v. New Jersey holding that any fact (other than a prior conviction) that increases the maximum punishment a defendant can receive must be found by a jury beyond a reasonable doubt. This rule has been extended to monetary penalties.

Examples

• •If restitution is criminal punishment, the Apprendi rule would require jury findings on each item of victim loss that increases the restitution amount above zero

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