All Sentencing Facts Belong To The Judge
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
17884_cedar_hall_trailer · CRIMINAL · Choice ANo, because the judge was resolving a sentencing factor after conviction, and the Sixth Amendment jury-trial right does not control facts found only at sentencing.
Why it's attractive
The choice says the jury-trial right does not control sentencing facts at all.
Why it's wrong
The choice says the jury-trial right does not control sentencing facts at all.
17884_cedar_hall_trailer · CRIMINAL · Choice CYes, but only if Daniel can show that the judge's faith-targeting finding was inaccurate; if the finding was factually correct, no Sixth Amendment violation occurs.
Why it's attractive
The choice adds an if-the-judge-was-right condition that the call never asks for.
Why it's wrong
The choice adds an if-the-judge-was-right condition that the call never asks for.
17884_cedar_hall_trailer · CRIMINAL · Choice DNo, because the judge found the faith-targeting fact by a preponderance of the evidence, which is permissible for sentencing findings that do not exceed the maximum authorized by the verdict.
Why it's attractive
The choice says facts that do not exceed the maximum, but the stem says seven exceeds four.
Why it's wrong
The choice says facts that do not exceed the maximum, but the stem says seven exceeds four.
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