Supreme Court Backs Robust Jury Right in Criminal Sentencing (1)

The US Supreme Court sided with criminal defendants saying juries, not judges, must decide certain facts about whether a person is a habitual offender qualifying for a tougher sentence.

Justice Neil Gorsuch wrote the opinion for a 6-3 court on Friday, which clarifies its earlier rulings on the Sixth Amendment’s jury right.

Writing for the majority, Gorsuch said, “the right to a jury trial ‘has always been’ an important part of what keeps this Nation ‘free,’” and the Fifth and Sixth Amendments “do not tolerate the denial of that right in this case.”

Paul Erlinger was convicted of unlawful possession ...