What is the test for a jury to convict a defendant of sexual assault?
California, United States of America
The following excerpt is from People v. Hardy, E060535 (Cal. App. 2014):
p. 303.) Thereafter, the high court in Cunningham v. California (2007) 549 U.S. 270, explained that, "under the Sixth Amendment, any fact that exposes a defendant to a greater potential sentence must be found by a jury, not a judge, and established beyond a reasonable doubt, not merely by a preponderance of the evidence." (Id. at p. 281.)
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