The attack on the Apprendi principle is grounded in the argument that the Constitution contains no requirement limiting the sentence imposed after a conviction to any maximum stated in the statutory offense of conviction.
Similarly, the Sixth Amendment right to jury trial guarantees not only the "low-level gatekeeping" of the guilt-or-innocence finding but also "the significance usually carried by determinations of guilt"(131) -- the restriction of the sentence to the limitations of, and the entitlements created by,(132) the statutory offense of conviction.
2d 44 (Florida statutory offense
of robbery embraces the common law rule that "the violence or intimidation [that is an element of the offense] must precede or be contemporaneous with the taking of the property"; although phrase "in the course of committing a robbery," as defined in [sections] 812.
(no force used--victim under age of consent) are excluded.
Minnesota, (8) state guidelines systems rank statutory offenses
in Osaka Prefecture rose 40% from 1996 to 250,000 in 2000, the group says in the proposal.
150) Given this context, Justice Breyer found it entirely plausible that "Congress might indeed have expected that the Commission would read the career offender subsection to refer to statutory offenses
plus conduct-based [sentence] enhancements alone (without recidivism-based sentence enhancements).
To make this scheme work, legislatures should simplify the thicket of duplicative statutory offenses, minima, and maxima--not the venerable gradations set up by the common law, such as the ancient distinction between murder and manslaughter, but the fine and somewhat arbitrary distinctions drawn by thousands of modern statutes.
10 (1970) (bemoaning the move from a few distinct categories of offenses at common law to the recent "extraordinary proliferation of overlapping and related statutory offenses, [which has allowed] prosecutors to spin out a startlingly numerous series of offenses from a single alleged criminal transaction"); see also Albert W.