October Term 2001 · Docket 01-488
Does a judge or jury decide facts that raise a sentence?
The dispute centers on who finds facts that increase a criminal sentence.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the side that brought the case argued the Sixth Amendment requires a jury to find facts that raise the sentence.
the side that brought the case stated the state relies on legislative policy to allow judges to find such facts.
The Chief Justice asked the side that brought the case to clarify the state's position on legislative policy.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
- Official Supreme Court Transcript — file page 50, lines 3-7 — Transcript, file page 50, lines 3-7
A citizen's guide to the whole case
What this case is about
This case tests the Sixth Amendment right to a jury trial.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
How the case got here
The Supreme Court heard oral argument in this case on April 22, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 50, lines 3-7 — Transcript, file page 50, lines 3-7
What each side wants
the side that brought the case wants a jury to find all facts that raise the sentence.
The state wants a judge to find facts that raise the sentence.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
What each side says
the side that brought the case argues the Sixth Amendment requires a jury to find facts that increase the sentence.
The state argues a judge may find facts that increase the sentence.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
What the justices asked
The Chief Justice asked the side that brought the case to clarify the state's position on legislative policy.
Official sources for this section
- Official Supreme Court Transcript — file page 50, lines 3-7 — Transcript, file page 50, lines 3-7
Why it matters
This case defines the power of judges versus juries in sentencing. It determines who finds facts that raise a criminal sentence. The outcome shapes the Sixth Amendment right to a jury trial.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 50, lines 3-7 — Transcript, file page 50, lines 3-7
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
- Official Supreme Court Transcript — file page 24, lines 7-39 — Transcript, file page 24, lines 7-39
- Official Supreme Court Transcript — file page 3, lines 15-55 — Transcript, file page 3, lines 15-55
- Official Supreme Court Transcript — file page 47, lines 9-1 — Transcript, file page 47, lines 9-1
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.