In the cases Apprendi v. New Jersey, , and Blakely v. Washington, , the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but on any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. A jury must be unanimous for either a guilty or not guilty decision. A hung jury results in the defendants release; however, charges against the defendant are not dropped and can be reinstated if the government so chooses.
In the cases Apprendi v. New Jersey , and Blakely v. Washington, , the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but on any fact used to increase the defendant's sentence beyond the m!aximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. A jury must be unanimous for either a guilty or not guilty decision. A hung jury results in the defendants release; howev:er, charges against the defendant are not dropped and can be reinstated if the government so chooses.