gaudin argued april decided june respondent charged violating making false statements department housing urban development hud loan documents instructing jury government prove inter alia alleged false statements material hud activities decisions district added issue materiality matter decide rather jury statements question material jury convicted respondent ninth circuit reversed holding taking question materiality jury violated fifth sixth amendments held trial judge refusal submit question materiality jury unconstitutional pp fifth sixth amendments require criminal convictions rest upon jury determination defendant guilty every element crime charged sullivan louisiana government concedes materiality element offense government must prove pp question whether defendant statement material federal agency decision sort mixed question law fact typically resolved juries see tsc industries northway government position principle requiring jury decide crime elements applies essential elements factual components support case law sparf authorities government relies sullivan supra confirm jury constitutional responsibility merely determine facts page ii apply law facts draw ultimate conclusion guilt innocence pp consistent historical tradition support government argument even jury generally must pass crime elements exception materiality determinations respect false statements perjury prosecutions analogous determinations made prosecutions clear practice judge determine materiality question country near time bill rights adopted indeed state federal cases appear addressed question latter part century time display anything like virtual unanimity claimed government though uniform postratification practice shed light upon meaning ambiguous constitutional provision practice uniform core meaning constitutional guarantees unambiguous pp government contention stare decisis requires respondent constitutional claim denied rejected sinclair overruled kungys distinguished pp scalia delivered opinion unanimous rehnquist filed concurring opinion breyer joined gaudin justice scalia delivered opinion trial issue respondent convicted making material false statements matter within jurisdiction federal agency violation question presented whether constitutional trial judge refuse submit question materiality jury respondent engaged number real estate transactions financed loans insured federal housing administration fha agency within department housing urban development hud respondent purchase rental housing renovate obtain inflated appraisal sell strawbuyer friend relative respondent arrange mortgage loan prearranged respondent repurchase property small profit strawbuyer assume mortgage loan ventures went default respondent charged federal indictment among things multiple counts making false statements federal loan documents violation two counts charged gaudin respondent made false statements form knowingly inflating appraised value mortgaged property counts charged respondent made misrepresentations form settlement form used closing sales properties line form requires disclosure closing costs paid received seller forms executed respondent showed buyer pay closing costs whereas fact seller arranged pay prove materiality false statements government offered testimony several persons charged administering programs explained requested information important close evidence district district montana instructed jury convict respondent government required prove inter alia alleged false statements material activities decisions hud instructed issue materiality submitted decision rather matter decision instructed statements charged indictment material statements app jury convicted respondent charges panel appeals ninth circuit reversed convictions circuit precedent dictated materiality prosecution decided jury rehearing en banc appeals stood precedent held taking question materiality jury denied respondent right guaranteed fifth sixth amendments constitution granted certiorari gaudin ii section title provides whoever matter within jurisdiction department agency knowingly wilfully falsifies conceals covers trick scheme device material fact makes false fictitious fraudulent statements representations makes uses false writing document knowing contain false fictitious fraudulent statement entry shall fined imprisoned five years fifth amendment constitution guarantees one deprived liberty without due process law sixth criminal prosecutions accused shall enjoy right speedy public trial impartial jury held provisions require criminal convictions rest upon jury determination defendant guilty every element crime charged beyond reasonable doubt gaudin sullivan louisiana slip right jury make ultimate determination guilt impressive pedigree blackstone described trial jury requiring truth every accusation whether preferred shape indictment information appeal afterwards confirmed unanimous suffrage twelve defendant equals neighbors blackstone commentaries laws england emphasis added justice story wrote trial jury guaranteed constitution generally understood mean trial jury twelve men impartially selected must unanimously concur guilt accused legal conviction story commentaries constitution ed emphasis added deleted right designed guard spirit oppression gaudin tyranny part rulers early times insisted ancestors parent country great bulwark civil political liberties see also duncan louisiana tracing history trial jury iii thus far resolution question us seems simple constitution gives criminal defendant right demand jury find guilty elements crime charged one elements present case materiality respondent therefore right jury decide materiality escape force logic government offers essentially three arguments conceded minor premise materiality element offense government argues first major premise flawed second essentially page history worth volume logic uniform practice simply excludes element materiality syllogism third stare decisis requires judgment reversed first government position materiality whether matter logic history legal question although sometimes spoken requiring jury decide elements criminal offense estelle mcguire see victor nebraska slip patterson new york principle actually applies factual components essential elements brief emphasis added government claims understanding jury role dates back sparf hansen gaudin reaffirmed recent decisions limiting jury constitutionally prescribed role factual components essential elements government surely mean concede jury must pass upon elements contain factual component test amply met deciding whether statement material requires determination least two subsidiary questions purely historical fact statement made decision agency trying make ultimate question whether statement material decision requires applying legal standard materiality quoted historical facts government apparently argues constitution requires determined jury may determined judge see two difficulties first sort question posed commonly called mixed question law fact typically resolved juries see thayer preliminary treatise evidence common law indeed cases recognized contexts materiality inquiry involving delicate assessments inferences reasonable decisionmaker draw given set facts significance inferences peculiarly trier fact tsc industries northway securities fraud mclanahan universal ins pet materiality false statements insurance applications second difficulty government position absolutely historical support true law books full cases regarding materiality innumerable issues criminal jury required come gaudin forth findings fact pertaining essential elements leaving judge apply law facts render ultimate verdict guilty guilty know case juries time framing forced produce mere factual findings entitled deliver general verdict pronouncing defendant guilt innocence morgan brief history special verdicts special interrogatories yale see also clementson special verdicts special findings juries alschuler deiss brief history criminal jury chi rev justice chase defense one charges impeachment trial well knows right juries criminal cases give general verdict acquittal set aside account contrary law hence results power juries decide law well facts criminal cases power holds sacred part legal privileges smith lloyd trial samuel chase sparf hansen supra case government relies nothing issue us question whether jury deprived power determine historical facts mixed questions fact law pure questions law criminal case foregoing quotation justice chase suggests many thought jury power see generally alschuler deiss supra decided criminal cases civil held judge must permitted instruct jury law insist jury follow instructions decision way undermined historical constitutionally guaranteed right criminal defendants demand jury decide guilt gaudin innocence every issue includes application law facts contrary justice harlan writing explained many judicial assertions jury right determine law fact expressions principle question compounded law fact general verdict ex necessitate disposes case hand law fact emphasis original gave example treason trial aaron burr chief justice marshall charged jury levying war act compounded law fact jury aided must judge hav ing heard opinion law case hey apply law facts find verdict guilty guilty consciences may direct quoting burr trial robertson ed emphasis original expressions principle abound see battiste cas cc mass story sitting circuit justice jury general verdict necessarily compounded law fact thayer wrote end century beginning perceived general verdict guilty involved conclusion law jury sense cases answer question law thayer supra modern authorities government cites also support concept criminal jury mere factfinder although contains language discussing jury role factfinder see sullivan louisiana county ulster cty allen patterson new york winship also confirms jury constitutional responsibility merely determine facts apply law facts draw gaudin ultimate conclusion guilt innocence point put unmistakable clarity allen involved constitutionality statutory inferences presumptions devices allen said help trier fact determine existence element crime ultimate elemental fact existence one evidentiary basic facts nonetheless criminal cases ultimate test device constitutional validity given case remains constant device must undermine factfinder responsibility trial based evidence adduced state find ultimate facts beyond reasonable doubt allen supra government next argues even jury generally entitled pass elements crime historical exception materiality determinations perjury prosecutions doubt historical practice relevant constitution means concepts trial jury see murray lessee hoboken land improvement holland illinois precisely historical practice relied concluding jury must find elements existence unique historical exception principle exception reduces power jury precisely important prosecution harming another individual offending government gaudin extraordinary evidence convincing indeed practice courts determine materiality false statements perjury prosecutions neither old uniform government suggests england cases appear addressed question judges reached differing results issue finally arose century compare queen lavey car eng materiality jury question queen goddard eng queen courtney ir crim app dictum materiality question judge queen gibbon le ca eng years adoption bill rights rule government argues finally adopted england judicial decision act parliament see perjury act geo ch much importantly also clear practice judge determine materiality question country near time bill rights adopted government cites power price wend earliest reported case question whether materiality perjury prosecutions question rather jury claiming new york highest held trial judge correctly reserved question materiality brief power held nothing even close power perjury case indeed even criminal prosecution civil action price sued power slander imputing crime perjury appeals held price need prove materiality alleged false statement order make prima facie case gaudin power raise immateriality affirmative defense negating intent impute perjury said trial clearly right instructing jury testimony given former trial proved material since merely decided question law arising upon proof facts dispute contrariety testimony courts power resolve questions civil cases issue civil criminal juries required roles obviously identical else directed verdicts civil plaintiffs early case relied upon government steinman mcwilliams another slander case inapt reason earliest american case involving point able find places government opposition position cowing cas cc argued materiality perjury prosecution matter jury consideration citing unpublished decision general virginia federal however address issue state federal cases appear addressed question latter part century time display anything like virtual unanimity claimed government brief opinions cited government asserting materiality question law judge appear involved either demurrers indictment appeals convictions case materiality weak reasonable juror credit even view matter case gone jury prosecution failure provide minimal evidence materiality like failure provide minimal evidence element course raises gaudin question law warrants dismissal see shinn cc singleton sd bedgood sd nelson state ark cited cases involve convicted defendant claim materiality decided jury even issue one prosecution failure make threshold case arise context defendant right jury trial issue see cothran state miss state williams mo state lewis people lem cal thompson people barnes state ohio even assuming however government cases fully stand proposition defendant right jury determination materiality cases support view see commonwealth grant mass lawrence state tex crim state spencer la ann young people approving treatment materiality mixed question law fact thus one jury developed division authority point treatise writers period amply demonstrate bishop took position ractically whole subject passed upon jury instructions judge involving like cases mixed questions law fact bishop commentaries law criminal procedure may treatise reported hether materiality question law gaudin fact jury point upon authorities equally divided may law crimes greenleaf writing sided bishop seems materiality matter assigned question jury greenleaf law evidence ed two editions later said question one judge greenleaf law evidence sum find nothing like consistent historical tradition supporting proposition element materiality perjury prosecutions decided judge since proposition contrary uniform general understanding think understanding consistent principle fifth sixth amendments require conviction jury elements crime must reject cases embraced though uniform postratification practice shed light upon meaning ambiguous constitutional provision practice uniform core meaning constitutional guarantees unambiguous government final argument principle stare decisis requires deny petitioner constitutional claim citing decision sinclair case controlling strictest sense since involved assertion sixth amendment right jury determine materiality rather pertinency provision title making criminal contempt congress refuse answer question pertinent question congressional inquiry rev stat two questions similar however essential argument made respondent made gaudin petitioner case sought reversal conviction trial failure submit question pertinency jury said every essential ingredient crime must proven satisfaction jury beyond reasonable doubt brief appellant sinclair argument appellant though address constitutional argument explicitly held question pertinency rightly decided one law tying case even closer present one dictum pertinency essentially different materiality false testimony element crime perjury one ibid thus sinclair strictly controlling fair say hold respondent today still adhering reasoning holding case reasoning sinclair already repudiated number respects opinion rested upon assumption pertinency pure question law depend upon probative value evidence ibid contradicted assumption deutch reversing conviction government trial failed carry burden proving pertinence questions though introduced documentary testimonial evidence show subject subcommittee inquiry failed provide evidence support conclusion petitioner false statement pertinent subject holding sinclair rested also upon assertion incongruous contrary principles leave determination matter pertinency jury citing icc brimson gaudin horning district columbia cases cited support assertion since repudiated brimson holding right jury trial attaches criminal contempt proceedings overruled bloom illinois horning holding harmless error error trial judge effectively order jury convict see proved unfortunate anomaly light subsequent cases see quercia bihn reasoning sinclair yet repudiated repudiate said question pertinency may likened concerning relevancy trial issues uniformly held question law relevancy treated purposes determining admissibility evidence says nothing relevancy treated like pertinence materiality made element criminal offense commonplace mixed question law fact assigned one purpose jury another question probable cause conduct search example resolved judge arises context motion suppress evidence obtained search jury one elements crime depriving person constitutional rights color law see cf mcqueeney barker cadc leaves sole prop sinclair reliance upon unexamined proposition never endorsed materiality perjury cases analogous pertinence contempt cases question law judge nothing support sinclair except proposition gaudin seen nothing support proposition except sinclair perfect circularity certain aesthetic appeal logic minimize role stare decisis plays jurisprudence see patterson mclean credit union role somewhat reduced however case procedural rule serve guide lawful behavior see payne tennessee reduced rule procedural rests upon interpretation constitution see ibid think stare decisis possibly controlling addition factors decision question proved manifestly erroneous underpinnings eroded subsequent decisions rodriguez de quijas express andrews louisville nashville government also claims stare decisis benefit decision kungys held appellate review district nonjury denaturalization proceeding appellate newly asserted standard materiality applied facts appellate rather requiring remand district application observed characterization mixed question law fact one purpose govern characterization purposes hard imagine questions diverse one hand whether appellate must remand district determination materiality denaturalization proceeding kungys hand whether constitution requires finding element materiality criminal prosecution made jury present case argued kungys gaudin heed advice since relied upon prior decision sinclair see decision appeals sixth circuit holding materiality prosecution question law id quoting abadi cert denied result kungys thought follow fortiori quite different cases sinclair abadi whereas nonentitlement sixth amendment jury determination possibly thought follow fortiori kungys event kungys assuredly involve adjudication sixth amendment right jury trial attaches see luria hence reason explore constitutional ramifications sinclair abadi today whatever support gave validity decisions obiter dicta may properly disregarded ordered footnotes gaudin held williams florida requirement story referred indispensable component right trial jury emphasized jury determination ultimate guilt indispensable essential feature jury said interposition accused accuser commonsense judgement group laymen group determination guilt innocence see also apodaca oregon plurality opinion applying similar analysis conclude jury unanimity constitutionally required gaudin chief justice rehnquist justice justice breyer join concurring join opinion person first charged crime entitled presumption innocence may insist guilt established beyond reasonable doubt winship herrera collins slip result prosecution bears burden proving elements offense charged must persuade factfinder beyond reasonable doubt facts necessary establish elements sullivan louisiana slip citations omitted see also estelle mcguire prosecution must prove elements criminal offense beyond reasonable doubt government conceded requires false statements made respondent material government inquiry materiality element offense government must prove order sustain conviction ante brief government also challenged appeals determination error identified structural plain see see also gaudin light concessions agree trial judge refusal allow jury pass materiality gaudin false statements infringed right jury determine beyond reasonable doubt guilt every element crime charged ante write separately point issues area law though similar decided opinion disposed today certain syllogistic neatness decide every element offense charged must proven satisfaction jury beyond reasonable doubt materiality element offense charged therefore jury must decide issue materiality government concessions made case much easier one might otherwise whether materiality indeed element every offense obvious text section title provides whoever matter within jurisdiction department agency knowingly willfully falsifies conceals covers trick scheme device material fact makes false fictitious fraudulent statements representations makes uses false writing document knowing contain false fictitious fraudulent statement entry shall fined imprisoned five years gaudin many aspects statutory construction determination elements constitute crime often subject dispute see national organization women scheidler slip holding rico contains economic motive requirement culbert declining limit hobbs act scope undefined category conduct termed racketeering determining facts must proved beyond reasonable doubt legislature definition elements offense usually dispositive mcmillan pennsylvania nothing decision stands barrier legislatures wish define defined elements criminal laws way remove issues materiality jury consideration noted definition elements criminal offense entrusted legislature particularly case federal crimes solely creatures statute staples slip quoting liparota see also mcmillan supra within broad constitutional bounds legislatures flexibility defining elements criminal offense see gaudin patterson new york federal state legislatures may reallocate burdens proof labeling elements affirmative defenses may convert elements sentencing factor consideration sentencing mcmillan supra today resolve role materiality plays properly acknowledges mixed questions law fact remain proper domain trial ante preliminary questions trial regarding admissibility evidence fed rule evid competency witnesses voluntariness confessions crane kentucky legality searches seizures fed rule crim proc propriety venue see fed rule crim proc may decided trial finally government argued error case either harmless plain brief former strong presumption constitutional violation subject analysis see rose clark accordingly applied analysis wide range errors recognized constitutional errors harmless arizona fulminante cf listing examples structural errors particular subjected jury instructions plagued constitutional error analysis see yates evatt taint unconstitutional jury instruction subject analysis carella california per curiam jury instruction containing erroneous mandatory presumption subject analysis pope illinois jury instruction misstating element gaudin offense subject analysis rose supra jury instruction containing erroneous rebuttable presumption subject analysis see sullivan louisiana slip erroneous burden proof instruction subject analysis today occasion review appeals conclusion constitutional error harmless latter olano slip noted limitations plain error review courts appeals rule first limitation appellate authority rule indeed error slip second error must plain slip thus minimum appeals correct error pursuant rule unless error clear current law ibid third plain error must affect substantial rights cases means error must prejudicial ibid finally three prerequisites met decision correct forfeited error remains within sound discretion appeals appeals however exercise discretion unless error seriously affect fairness integrity public reputation judicial proceedings slip affirming appeals concludes fair say hold respondent today still adhering reasoning holding sinclair ante today every appeals considered issue except ninth circuit held question materiality one law see kozinski dissenting collecting cases thus certainly gaudin subject dispute whether error case clear current law olano supra slip however review appeals determination failure submit issue materiality jury constituted plain error page