Sentences with phrase «statutory maximum penalty»

Apprendi did, after all, discuss exposure not only in terms of an increased statutory maximum penalty, but expressly held that «[I] t is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed RANGE of penalties to which a criminal defendant is exposed.»

Therefore, the least severe burglary can subject the offender to a statutory maximum penalty of up to five years in prison.

In contrast, the majority of the courts of appeals that have considered the question have held, in accord with the court of appeals in this case, that the statutory maximum penalty in a drug conspiracy case turns on the jury's determination of the type and quantity of drugs involved in the conspiracy as a whole.

Not exact matches

Interestingly, while there was a focus on the statutory maximum, there was little discussion of a penalty «range,» which to this observer would have seemed to address much of the concern.