The Supreme Court is poised to issue an opinion that if the defense prevails could significantly alter the landscape surrounding the prosecution and sentencing of corporations. On March 19, the court heard arguments in Southern Union Co. v. United States , No. 11-94, which addresses whether a sentencing judge, rather than a jury, may make factual determinations that result in a criminal fine being increased beyond the statutory fine maximum justified by the jury’s verdict alone.
The case turns on whether the Supreme Court’s landmark holding in Apprendi v. New Jersey, 530 U.S. 466 (2000) which found that, under the Sixth Amendment to the Constitution, “any fact [other than a prior conviction] that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt” should apply to criminal fines just as it does to imprisonment.
The Current Criminal Fine Regime
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