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Criminal Procedure keyed to Kamisar
Aprendi v. New Jersey
Citation:530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
New Jersey’s hate crime statute allowed trial judges to impose an extended term of imprisonment if they determined at sentencing, by a preponderance of the evidence, that the defendant committed the criminal act with the purpose of intimidating a person belonging to a protected class. Aprendi (defendant) shot into an African American household and pled guilty to possession of a firearm for an unlawful purpose. At sentencing, the judge held that Aprendi’s actions were taken with the purpose to intimidate and sentenced Aprendi to 12 years in prison, two years above the maximum sentence for the firearm charge alone.
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