Sixth Amendment Jury-Trial Right Applies To Facts That Trigger Mandatory Minimum

A 5-4 majority of the U.S. Supreme Court announced June 17 that it was wrong in Harris v. United States, 536 U.S. 545 (2002), and it extended the Sixth Amendment right to a jury trial to the facts that trigger or increase mandatory minimum sentences (Alleyne v. United States, U.S., 11-9335, 6/17/13).

Although the issue came up in a federal firearms prosecution, the decision will affect not only these types of cases but any others in which legislators have provided enhanced minimum penalties based on certain facts, such as drug quantity.

A sentencing revolution began with Apprendi ...