Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case was alluded to by Justice Sandra Day O'Connor, who characterized the decision as a "Number 10 earthquake".
Apprendi v. New Jersey, 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. The decision has been a cornerstone in the modern resurgence in jury trial rights. As Justice Scalia noted in his concurring opinion, the jury-trial right "has never been efficient; but it has always been free."
Small v. United States, 544 U.S. 385 (2005), was a decision by the Supreme Court of the United States involving 18 U.S.C. § 922(g)(1), which makes it illegal to possess a gun for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison. The Court ruled, in a five to three decision, that "any court" does not include those in foreign countries. This decision resolved a circuit split on the issue, and reversed the lower ruling of the Third Circuit that the law did apply to foreign convictions.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every state in the United States allows for concealed carry of a handgun either permitless or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
A deadly weapon, sometimes dangerous weapon or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are designated "deadly weapons per se", meaning they are regarded as deadly weapons no matter how they are used, from the Latin for "by itself". In addition, deadly weapons statutes often contain provisions covering other implements intended to be used to inflict harm.
United States v. Booker, 543 U.S. 220 (2005), is a United States Supreme Court decision on criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding the prescribed statutory maximum sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence that a judge may impose is based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.
Arizona v. Fulminante, 499 U.S. 279 (1991), was a United States Supreme Court case clarifying the standard of review of a criminal defendant's allegedly coerced confession. The ruling was divided into parts, with various justices voting in different ways on different points of law, but ultimately 1) the defendant's confession was ruled involuntary, 2) the harmless error rule had to be applied, and 3) in this case, use of the confession as evidence was not harmless.
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but that is not the mode of "carrying" discussed in this article.
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms.
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home. The decision also held that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.
Smith v. Texas, 550 U.S. 297 (2007), was a United States Supreme Court case about a challenge to a Texas death penalty court procedure. Justice Anthony Kennedy wrote the opinion of the Court, holding 5-4 that the Texas procedure was improper. Justice Samuel Alito wrote a dissent.
United States v. Rodriquez, 553 U.S. 377 (2008), was a United States Supreme Court case interpreting the Armed Career Criminal Act. Justice Samuel Alito, writing for the 6–3 majority, ruled that although the elements of a crime may not be considered "serious," sentence enhancements related to a defendant's prior record will bear on how the determination is made.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
Jesus C. Gonzalez is an American man from Milwaukee, Wisconsin, known for a gun rights civil lawsuit, as well as being convicted of a reckless homicide shooting.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
The United States Constitution contains several provisions related to criminal sentencing.
Davis v. Ayala, 576 U.S. 257 (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. The case involved a habeas corpus petition submitted by Hector Ayala, who was arrested and tried in the late 1980s for the alleged murder of three individuals during an attempted robbery of an automobile body shop in San Diego, California in April 1985. At trial, the prosecution used peremptory challenges to strike all Black and Hispanic jurors who were available for jury service. The trial court judge allowed the prosecution to explain the basis for the peremptory challenges outside the presence of Ayala's counsel, "so as not to disclose trial strategy". Ayala was ultimately sentenced to death, but he filed several appeals challenging the constitutionality of the trial court's decision to exclude his counsel from the hearings.
Hurst v. Florida, 577 U.S. 92 (2016), was a United States Supreme Court case in which the Court, in an 8–1 ruling, applied the rule of Ring v. Arizona to the Florida capital sentencing scheme, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. In Florida, under a 2013 statute, the jury made recommendations but the judge decided the facts.
Simpson vs. United States, 435 U.S. 6, was a case in which the Supreme Court of the United States ruled that a defendant cannot be sentenced under the punishments of both 18 U.S.C. 2113 (d) and 18 U.S.C. 924 (a) for armed robbery.
On June 28, 2020, during the George Floyd protests in St. Louis, Missouri, Patricia and Mark McCloskey pointed firearms and yelled at protesters marching through the private neighborhood they co-owned. Some protesters yelled back. The incident gained national news coverage and sparked controversy.
