Supreme Court Says Juries Must Determine Facts Affecting Criminal Fines in Sentencing

June 22, 2012, 4:00 AM UTC

The U.S. Supreme Court held June 21 that juries, not judges, should make the determination on any fact in a criminal case, other than a prior conviction, that could increase a defendant’s maximum potential criminal fine (Southern Union Co. v. United States).

Justice Sonia Sotomayor delivered the 6-3 opinion of the court in a case involving alleged illegal storage of mercury by Southern Union, a Texas-based natural gas company. Justice Stephen G. Breyer dissented, joined by Justices Anthony M. Kennedy and Samuel A. Alito.

The majority reversed and remanded the sentence of Southern Union for a criminal violation ...

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