18
Jun
13

6.18.13 … Clarence Thomas Joins Supreme Court’s Liberals in Securing Jury Trial Rights for Criminal Defendants … breath … repeat …

Justice Clarence Thomas,  Supreme Court, Sixth Amendment, Jury Trial Rights for Criminal Defendants:  Will wonders never cease …

Pointing to “the historic role of the jury as an intermediary between the State and criminal defendants,” Justice Thomas declared the judge’s actions to be in violation of Alleyne’s constitutional rights. “The essential Sixth Amendment inquiry is whether a fact is an element of the crime,” Thomas wrote. “When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”

via Clarence Thomas Joins Supreme Court’s Liberals in Securing Jury Trial Rights for Criminal Defendants – Hit & Run : Reason.com.


0 Responses to “6.18.13 … Clarence Thomas Joins Supreme Court’s Liberals in Securing Jury Trial Rights for Criminal Defendants … breath … repeat …”



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