McMILLAN V. PENNSYLVANIA
477 U.S. 79 (1986)
NATURE OF THE CASE: This was a challenge to a mandatory minimum sentence.
FACTS: Pennsylvania had a mandatory minimum sentence law that mandated a minimum sentence for certain felonies wherein D used a gun that was visibly possessed during the commission of the offense. The Act operates to divest the judge of discretion to impose any sentence of less than five years for the underlying felony; it does not authorize a sentence in excess of that otherwise allowed for that offense. The legislature had expressly provided that visible possession 'shall not be an element of the crime.' Four cases were brought before judges and all four found the mandatory sentence law unconstitutional. The Pennsylvania Supreme Court reversed and found the act consistent with due process. It held that the preponderance standard also satisfies due process for such a sentencing factor. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment