Hate crimes cert grant

[Volokh, Eugene]

-----Original Message-----
From: Mike Kouris
To: Multiple recipients of list
Sent: 11/29/99 9:53 PM
Subject: United States Supreme Court News  11/29/99

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United States Supreme Court News                           11/29/99
Willamette Law Online - Willamette University College of Law
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CERTIORARI GRANTED
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. .  .

Apprendi v. New Jersey
No. 99-478
Court Below: 731 A2d 485 (NJ Sup. Ct 06/24/99)
Full text:
http://lawlibrary.rutgers.edu/courts/supreme/a-164-97.opn.html

HATE CRIMES STATUTE

The issue in this criminal law case is whether a provision of New
Jersey's hate crime laws, NJ Stat. Ann. s 2C:44-3e, that authorizes the
imposition of enhanced sentences in any case in which a defendant who
commits a crime acts with a biased purpose, violates the First Amendment and
the Due Process clause of the Fourteenth Amendment.  Apprendi was charged
and convicted of firing a .22 caliber rifle into the home of a black family
in his neighborhood.  The court sentenced Apprendi to an enhanced term of
twelve years imprisonment, with four years of parole ineligibility.   The
court below held that the provision in question has been  narrowly tailored
to meet any First Amendment concerns, and it represents a legislative
attempt to comply with a constitutional mandate, not a  legislative attempt
to circumvent due process rights to trial by jury.

. . .

______________________________________________________
United States Supreme Court News
Willamette Law Online - Willamette University College of Law
Editors: David Veverka: dveverka at willamette.edu
Mike Kouris: mkouris at willamette.edu
Student Editorial Board: Elyssa Weber, Joel Kuhl, David Bowser, Merrilee
Harrell, Paul Williams
http://www.willamette.edu/law/wlo
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