Alleyne v. United States (11-9335)
argument 11-9335Alleyne v. United States
Supreme Court of the United States
56 min
6 speakers
8 chapters
transcribed 7 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
Who decides the facts that trigger a mandatory minimum sentence?
We'll hear argument first this morning in case eleven ninety three thirty five, Elaine versus United States. Ms. McGuire? Mm-hmm.
Mr. Chief Justice, it may it please the court. This case is about who gets to decide the facts that trigger a mandatory minimum sentence. Any fact that entitles the prosecution by law to a sentence more severe than a judge could otherwise impose must be found by the jury beyond a reasonable doubt. Under Harris, the government is entitled to the Mr. So could you
address an issue that is very important to me. the one of Sari decisis. Um and so That Tone in on that.
Yes, Justice Soto Mayor. I do not believe that star decisis poses a problem for the court in this case because Harris was a plurality d opinion. And while four of the justices found that I'm sorry, five of the justices voted to uphold Macmillan. Uh only four of the justices found that Macmillan was consistent with apprending. And so we have a plurality opinion and for our constitutional position we do not believe that Harris is
Well the problem is whether you're right or wrong, and you're absolutely right, it was a plurality opinion. Um your adversary says states have passed laws relying on it. The federal system is now structured around it. Why isn't the damage as great as they claim? Potential damage, I should say.
Well, first of all, I would just note that even though Macmillan was decided in nineteen eighty six, there is nothing in the legislative history that indicates that Congress referred on Macmillan when it passed nine twenty four C. In addition, nine twenty four C is silent as to who should be the fact finder that triggers the mandatory minimum. And finally, in the Macmillan case, that was not really a Sixth Amendment case.
Address please the practical consequences. How many how many federal courts are you aware are already charging the nine twenty four C facts to a jury. Notwithstanding the sa the the fact that it's not required.
Yes, I I would say that there is little to no um practical effect of the court is to adopt our rule because a majority of the Federal courts are already and Federal prosecutors are already alleging these facts in the indictment and proving them to a jury beyond a reasonable doubt. And I think that this case is the exact example of that. It was alleged in the indictment. Um it went to the jury. The jury got a special verdict form. So there is no difficulty in implementing this rule.
Is it your position that a decision of this court is not entitled to stari decisis protection if there isn't a majority opinion in that case.
Yes, Your Honor, I do not believe that Harris has precedential value because it is a plurality opinion. I
can think of some pretty important decisions of this court that were not the result of a majority opinion. You want us to adopt that as a blanket rule?
No, Your Honor, but I would note that in constitutional questions like this one, stari decisis is at its weakness. Weakest. I would also All
right. Constitutional decisions of this court not decided with a majority opinion, no stari decisis effect. That's your argument.
Well, and also, Your Honor, what I think is significant in this case, in terms of the issue of stari decisis, is that Macmillan was not a Sixth Amendment case. Macmillan was decided more on due process grounds, and the only discussion of the Sixth Amendment in Macmillan comes in the last paragraph when it talks to the fact that the defendant has no right to jury sentencing. And so for those reasons, we do not believe that stari decisis poses a problem to the government. Well you haven't
distinguished Macmillan. You you have distinguished Harris. How do you d distinguish McMillan? Your your only grounds for distinguishing that is it was not a Sixth Amendment case, even though the opinion refers to the Sixth Amendment?
Well, Your Honor, it does in fact refer to the Sixth Amendment in the very last paragraph. But what Macmillan was mostly concerned about was a due process question. I
care about mostly the issue is whether Macmillan uh was a Sixth Amendment case, in part or in whole.
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Chapters
8 chapters
1
Who decides the facts that trigger a mandatory minimum sentence?
0:01–6:43
2
What are the practical consequences of applying the Harris rule to mandatory minimums?
6:43–14:45
3
How does the Court treat Harris, Macmillan, and other plurality opinions under stare decisis?
14:45–22:57
4
Does requiring the government to prove mandatory‑minimum facts to a jury create a Sixth Amendment problem?
22:57–28:57
5
Why might a mandatory minimum be considered unconstitutional under the Sixth Amendment?
28:57–35:57
6
In a hypothetical gun statute, how far can a judge deviate from the jury’s findings?
35:57–41:53
7
How does a mandatory minimum affect a defendant’s exposure to the statutory sentencing range?
41:53–49:04
8
What is the balance between legislative authority and the jury’s constitutional role in sentencing?
49:04–56:45