id author title date pages extension mime words sentences flesch summary cache txt work_yvspegftdvchbfvlpysxj46cua Justin A. Thornton Apprendicitis: A Troubling Diagnosis for the Sentencing of Hackers, Thieves, Fraudsters, and Tax Cheats 2001 31 .pdf application/pdf 14439 1147 65 Courts may enhance a sentence up to, but not over, the statutory maximum 7 According to the Court, the term "sentencing factor" may be described as follows: statutory sentence, it is the functional equivalent of an element of a greater offense making up the elements of the offense of conviction, and sentencing based determining whether a fact is a criminal element or a sentencing factor is enhance Mr. Apprendi's sentence pursuant to the hate crime statute.62 At the New Jersey Supreme Court affirmed Mr. Apprendi's sentencing If those sentencing factors increase the statutory maximum penalty to sentencing factors do not constitute an element of the offense charged. (stating that the guideline sentence "shall be determined on the basis of [relevant between elements of crimes and sentencing factors, there is no reason in increase the sentence." Indeed, as the Court stated in Apprendi, the Court, as sentencing factors increase punishment under the Guidelines, ./cache/work_yvspegftdvchbfvlpysxj46cua.pdf ./txt/work_yvspegftdvchbfvlpysxj46cua.txt