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Hi, need to submit a 250 words essay on the topic Apperendi V. New Jersey.However, he later retracted the statement. During trial, the judge found that the crimes were racially motivated since no othe
Hi, need to submit a 250 words essay on the topic Apperendi V. New Jersey.
However, he later retracted the statement. During trial, the judge found that the crimes were racially motivated since no other intention could be identified from the petitioner’s statements. The judge proved beyond doubt that apart from having an illegal firearm, the petitioner was guilty of racially motivated crime and gave an enhanced sentence of 12 years. The Supreme Court of New Jersey affirmed the decision.
The case is important in criminal justice since it sheds light on the relationship between crime and constitution rights that cannot be surpassed. The petitioner violated the right of non-discrimination by racial biasness thus received an enhanced sentence. This case set precedent on future crimes directed at minority or generally racial motivated crimes.
As a defense attorney, my submission is that the judge could not prove beyond doubt that Apprendi indeed committed the crime on racial basis. Due process requires that any arising issue that extends sentencing should be among the charges in the current case (Jones .v. .United States 1999). Consequently, the petitioner must be given a full hearing to defend his position so that the jury can establish beyond doubt whether the accused is guilty or
