mcmillan pennsylvania argued march decided june pennsylvania mandatory minimum sentencing act act provides anyone convicted certain enumerated felonies subject mandatory minimum sentence five years imprisonment sentencing judge upon considering evidence introduced trial additional evidence offered either defendant commonwealth sentencing hearing finds preponderance evidence defendant visibly possessed firearm commission offense act also provides visible possession shall element crime operates divest judge discretion impose sentence less five years underlying felony authorize sentence excess otherwise allowed offense petitioners convicted one act enumerated felonies case commonwealth gave notice sentencing seek proceed act however sentencing judges found act unconstitutional imposed lesser sentence required act pennsylvania consolidated commonwealth appeals vacated petitioners sentences remanded sentencing pursuant act held act consistent due process rejecting petitioners principal argument visible possession firearm element crimes sentenced thus must proved beyond reasonable doubt winship mullaney wilbur held state may properly treat visible possession firearm sentencing consideration rather element particular offense must proved beyond reasonable doubt case controlled patterson new york rejected claim whenever state links severity punishment presence absence identified fact state must prove fact beyond reasonable doubt constitutional limits beyond may go regard applicability standard usually dependent state defines offense charged given case pennsylvania legislature made visible possession firearm sentencing factor comes play defendant found guilty one enumerated crimes beyond reasonable doubt constitutional limits state power exceeded act raises minimum sentence may imposed neither alters maximum sentence creates separate offense calling separate penalty specht patterson distinguished pp merit petitioners contention even though may treat visible possession firearm sentencing consideration rather element particular offense due process nonetheless requires visible possession proved least clear convincing evidence preponderance standard satisfies due process sentencing courts traditionally heard evidence found facts without prescribed burden proof nothing pennsylvania scheme warrants constitutionalizing burdens proof sentencing pp merit petitioners claim act denies sixth amendment right trial jury sixth amendment right jury sentencing even sentence turns specific findings fact rehnquist delivered opinion burger white powell joined marshall filed dissenting opinion brennan blackmun joined post stevens filed dissenting opinion post leonard sosnov argued cause petitioners briefs john packel david rudovsky gerald stein steven cooperstein argued cause respondent brief gaele mclaughlin barthold harriet brumberg eric henson william chadwick justice rehnquist delivered opinion granted certiorari consider constitutionality due process clause fourteenth amendment jury trial guarantee sixth amendment pennsylvania mandatory minimum sentencing act cons stat act act adopted provides anyone convicted certain enumerated felonies subject mandatory minimum sentence five years imprisonment sentencing judge finds preponderance evidence person visibly possessed firearm commission offense sentencing hearing judge directed consider evidence introduced trial additional evidence offered either defendant commonwealth act operates divest judge discretion impose sentence less five years underlying felony authorize sentence excess otherwise allowed offense petitioner convicted among things one enumerated felonies petitioner mcmillan shot victim right buttock argument debt convicted jury aggravated assault petitioner peterson shot killed husband following bench trial convicted voluntary manslaughter petitioner dennison shot seriously wounded acquaintance convicted aggravated assault bench trial petitioner smalls robbed seafood store gunpoint following bench trial convicted robbery case commonwealth gave notice sentencing seek proceed act hearing held however sentencing judges petitioners appeared found act unconstitutional imposed lesser sentence required act commonwealth appealed four cases pennsylvania consolidated appeals unanimously concluded act consistent due process commonwealth wright petitioners principal argument visible possession firearm element crimes sentenced thus must proved beyond reasonable doubt winship mullaney wilbur observing legislature expressly provided visible possession shall element crime standard always dependent state defines offense question quoting patterson new york rejected claim act effectively creates new set upgraded felonies visible possession element section comes play defendant convicted enumerated felony neither provides increase maximum sentence felony authorizes separate sentence merely requires minimum sentence five years may less minimum sentence might otherwise imposed consistent winship mullaney patterson act creates presumption essential fact places burden defendant way relieve prosecution burden proving guilt petitioners also contended even visible possession element offense due process requires proof preponderance evidence pennsylvania rejected claim well holding preponderance standard satisfies due process approach set addington texas commonwealth interest deterring illegal use firearms sure punishment commit crimes guns compelling convicted defendant countervailing liberty interest substantially diminished guilty verdict moreover risk error context proceeding comparatively slight visible possession simple straightforward issue susceptible objective proof balance concluded reasonable defendant commonwealth share equally risk error vacated petitioners sentences remanded sentencing pursuant act one justice concurred filed separate opinion granted certiorari affirm ii petitioners argue due process clause interpreted winship mullaney state wants punish visible possession firearm must undertake burden proving fact beyond reasonable doubt disagree winship held due process clause protects accused conviction except upon proof beyond reasonable doubt every fact necessary constitute crime charged mullaney wilbur held due process clause requires prosecution prove beyond reasonable doubt absence heat passion sudden provocation issue properly presented homicide case patterson rejected claim whenever state links severity punishment presence absence identified fact state must prove fact beyond reasonable doubt see also state need prove beyond reasonable doubt every fact existence nonexistence willing recognize exculpatory mitigating circumstance affecting degree culpability severity punishment particular upheld due process challenge new york law placing defendants charged murder burden proving affirmative defense extreme emotional disturbance patterson stressed determining facts must proved beyond reasonable doubt state legislature definition elements offense usually dispositive due process clause requires prosecution prove beyond reasonable doubt elements included definition offense defendant charged emphasis added obviously constitutional limits beyond may go regard applicability standard always dependent state defines offense charged given case patterson rests premise bears repeating goes without saying preventing dealing crime much business federal government irvine california plurality opinion lightly construe constitution intrude upon administration justice individual among things normally within power state regulate procedures laws carried including burden producing evidence burden persuasion decision regard subject proscription due process clause unless offends principle justice rooted traditions conscience people ranked fundamental speiser randall citations omitted patterson recognized course constitutional limits state power regard certain limited circumstances winship requirement applies facts formally identified elements offense charged petitioners argue pennsylvania gone beyond limits formal provision visible possession element crime therefore effect think never attempted define precisely constitutional limits noted patterson extent due process forbids reallocation reduction burdens proof criminal cases today persuaded several factors pennsylvania mandatory minimum sentencing act exceed limits note first act plainly transgress limits expressly set patterson responding concern rule permit unbridled power redefine crimes detriment criminal defendants patterson advanced unremarkable proposition due process clause precludes discarding presumption innocence within province legislature declare individual guilty presumptively guilty crime mcfarland american sugar rfg legislature validly command finding indictment mere proof identity accused create presumption existence facts essential guilt tot patterson mullaney observed respect main criminal statute invalidated case state proved elements maine required prove beyond reasonable doubt defendant faced differential sentencing ranging nominal fine mandatory life sentence present case situation quite different offenses enumerated act murder robbery defined cons stat kidnaping rape involuntary deviate sexual intercourse felonies subjecting defendant maximum years imprisonment voluntary manslaughter aggravated assault defined felonies second degree carrying maximum sentence years section neither alters maximum penalty crime committed creates separate offense calling separate penalty operates solely limit sentencing discretion selecting penalty within range already available without special finding visible possession firearm section ups ante defendant raising five years minimum sentence may imposed within statutory plan statute gives impression tailored permit visible possession finding tail wags dog substantive offense petitioners claim visible possession pennsylvania statute really element offenses punished pennsylvania effect defined new set upgraded felonies least superficial appeal finding visible possession exposed greater additional punishment cf providing separate greater punishment bank robberies accomplished use dangerous weapon device petitioners contend decision specht patterson requires invalidation pennsylvania statute challenged think petitioners simply read much one previous decisions colorado scheme issue specht conviction sexual offense otherwise carrying maximum penalty years exposed defendant indefinite term including life imprisonment sentencing judge made finding defendant posed threat bodily harm members public habitual offender mentally ill finding made without notice hearing normal sense based solely presentence psychiatric report held colorado scheme failed satisfy requirements due process defendant right present counsel heard confronted witnesses offer evidence petitioners suggest winship already decided time specht also required burden proof findings beyond reasonable doubt even accept petitioners hypothesis think avails specht observed following trial colorado defendant confronted radically different situation usual sentencing proceeding simply true pennsylvania statute finding visible possession firearm course ups ante defendant challenged way previously mentioned raising minimum sentence may imposed trial finally note specter raised petitioners restructuring existing crimes order evade commands winship appear case noted enumerated felonies retain elements mandatory minimum sentencing act passed pennsylvania legislature change definition existing offense simply took one factor always considered sentencing courts bear punishment instrumentality used committing violent felony dictated precise weight given factor instrumentality firearm pennsylvania decision transformed sentencing factor element hypothetical offense petitioners seek support due process claim observing many legislatures made possession weapon element various aggravated offenses fact formulated different statutory schemes punish armed felons merely reflection federal system demands olerance spectrum state procedures dealing common problem law enforcement spencer texas pennsylvania particular approach adopted render pennsylvania choice unconstitutional see patterson cf spaziano florida historical test advanced patterson dissent petitioners apparently also rely materially advance cause surely true hundreds years offenses considered serious punishment made severe offense committed weapon armed brief petitioners petitioners contend particular factor made relevant visible possession firearm historically treated legal tradition requiring proof beyond reasonable doubt patterson powell dissenting see also powell dissenting approving new scheme state put burden armed robbery defendant prove gun unloaded inoperative order receive lower sentence noted number differences case winship mullaney specht find differences controlling inability lay bright line test may leave constitutionality statutes like mullaney specht pennsylvania statute depend differences degree law full situations differences degree produce different results doubt pennsylvania mandatory minimum sentencing act falls permissible side constitutional line iii concluded may treat visible possession firearm sentencing consideration rather element particular offense turn petitioners subsidiary claim due process nonetheless requires visible possession proved least clear convincing evidence like little difficulty concluding case preponderance standard satisfies due process indeed extraordinary due process clause understood patterson plainly sanctioned pennsylvania scheme clause explained line less clearly relevant cases imposed stringent requirements one due process clause fourteenth amendment furthermore petitioners claim sentencing may never rely particular fact passing sentence without finding fact clear convincing evidence sentencing courts traditionally heard evidence found facts without prescribed burden proof see williams new york pennsylvania deemed particular fact relevant prescribed particular burden proof see nothing pennsylvania scheme warrant constitutionalizing burdens proof sentencing petitioners apparently concede pennsylvania scheme pass constitutional muster remove sentencing discretion legislature simply directed consider visible possession passing sentence brief petitioners difficulty fathoming due process calculus change simply legislature seen fit provide sentencing courts additional guidance merit claim heightened burden proof required visible possession fact concerning crime committed rather background character defendant ibid sentencing courts necessarily consider circumstances offense selecting appropriate punishment consistently approved sentencing schemes mandate consideration facts related crime proffitt florida without suggesting facts must proved beyond reasonable doubt courts appeals uniformly rejected due process challenges preponderance standard federal dangerous special offender statute provides enhanced sentence concludes defendant dangerous special offender see davis collecting cases cert denied iv light foregoing petitioners final claim act denies sixth amendment right trial jury merits little discussion petitioners argue jury must determine ultimate facts concerning offense committed concluded pennsylvania may properly treat visible possession sentencing consideration element offense need note sixth amendment right jury sentencing even sentence turns specific findings fact see spaziano florida foregoing reasons judgment pennsylvania affirmed ordered footnotes mcmillan sentenced term years aggravated assault also convicted possession instruments crime cons stat received concurrent term years peterson received sentence years manslaughter charge well concurrent term months possession instruments crime dennison received concurrent sentences months aggravated assault possession instruments crime smalls sentenced concurrent terms robbery criminal conspiracy also convicted violating uniform firearms act et reckless endangerment sentenced concurrent terms years years respectively received suspended sentence possession instruments crime elements enumerated offenses established essentially present form see laws compiled amended codified pennsylvania crimes code mandatory minimum sentencing act passed prescribing mandatory minimum sentence act incidentally serves restrict sentencing discretion setting maximum sentence pennsylvania law provides minimum sentence confinement shall exceed maximum sentence imposed cons stat thus shortest maximum term permissible act years reject view anything due process clause bars making changes criminal law effect making easier prosecution obtain convictions vantage point constitution change law favorable defendants necessarily good innovation favorable prosecution necessarily bad jeffries stephan defenses presumptions burden proof criminal law yale commonwealth argues statutes petitioners rely typically differ issue particular statutes directed deadly weapons rather firearms treat armed crime higher grade offense unarmed crime brief respondent least two new jersey see stat ann west state gantt super aff super app div kansas see stat ann state mullins statutory schemes similar pennsylvania addington texas santosky kramer respectively applied clear convincing evidence standard state sought involuntary commitment mental institution involuntary termination parental rights contrary quite unlike situation cases criminal sentencing takes place defendant adjudged guilty beyond reasonable doubt standard applied obtain valid conviction criminal defendant constitutionally deprived liberty extent state may confine meachum fano noted text sentencing courts always operated without constitutionally imposed burdens proof embracing petitioners suggestion apply standard significantly alter criminal sentencing see way distinguish visible possession finding issue host express implied findings sentencing judges typically make way passing sentence justice marshall justice brennan justice blackmun join dissenting agree much justice stevens dissent post whether particular fact element criminal offense winship must proved prosecution beyond reasonable doubt question must decided abdicated winship limited facts constitute crime defined state law state undermine many interests decision sought protect without effecting substantive change law mullaney wilbur deference majority gives pennsylvania legislature statement visible possession firearm considered element crime defined cons stat thus wholly inappropriate however rely case formalistic distinction aggravating mitigating facts continued functioning democratic process post stevens dissenting might provide us assurance circumvent guarantee winship criminalizing seemingly innocuous conduct placing burden defendant establish affirmative defense nonetheless must remain ready enforce guarantee state placing upon defendant burden proving certain mitigating facts effectively lighten constitutional burden prosecution respect elements crime see patterson new york allowing state require defendant prove extreme emotional disturbance preponderance evidence noting affirmative defense serve negative facts crime state prove order convict murder put next term discussion mitigating facts analyzed winship issue aired considers martin ohio cert granted defendant challenges ohio requirement accused bear burden proving claim preponderance evidence enough agree justice stevens state provides specific component prohibited transaction shall give rise special stigma special punishment component must treated fact necessary constitute crime within meaning holding winship post pennsylvania attached consequences finding defendant visibly possessed firearm commission aggravated assault winship prosecution relieved proving fact beyond reasonable doubt dissent justice stevens dissenting petitioner dennison man committed aggravated assault upon neighborhood youth suspected stealing money house trial commonwealth proved elements offense aggravated assault beyond reasonable doubt trial judge imposed sentence imprisonment months concluded pennsylvania recently enacted mandatory minimum sentencing act cons stat unconstitutional trial judge refused impose minimum sentence mandated act whenever commonwealth proves preponderance evidence defendant visibly possessed firearm commission offense judge presiding dennison trial well judges three petitioners trial superior judges hearing appeals concluded visible possession firearm element offense visibly possessed firearm inarguably language refers behavior legislature intended prohibit app pet cert consequence prohibited conduct established proof beyond reasonable doubt pennsylvania agreed visible possession firearm conduct pennsylvania general assembly intended prohibit commonwealth wright larsen concurring concurring opinion joined majority opinion recognized evidence conduct mandate minimum sentence imprisonment twice severe maximum trial judge otherwise imposed petitioner dennison nonetheless held visible possession firearm element offense pennsylvania general assembly foresight declare provisions section shall element crime common ground due process clause requires prosecution prove beyond reasonable doubt elements included definition offense defendant charged patterson new york today holds state legislatures may define offense criminal defendant charged may also authoritatively determine conduct described prohibited activity subjects defendant criminal sanctions element crime due process clause requires proved prosecution beyond reasonable doubt view state legislature may dispense requirement proof beyond reasonable doubt conduct targets severe criminal penalties pennsylvania statute challenged case describes conduct pennsylvania legislature obviously intended prohibit mandates lengthy incarceration believe conduct described element criminal offense proof beyond reasonable doubt requirement applies state defines criminal offense due process clause requires prove component prohibited transaction gives rise special stigma special punishment beyond reasonable doubt much evident least since winship case explicitly held due process clause protects accused conviction except upon proof beyond reasonable doubt every fact necessary constitute crime charged reasoning conclusion reviewed heritage rule justice frankfurter characterized basic law rightly one boasts free society critical importance decision us explained reasons undergird rule standard plays vital role american scheme criminal procedure prime instrument reducing risk convictions resting factual error standard provides concrete substance presumption innocence bedrock axiomatic elementary principle whose enforcement lies foundation administration criminal law coffin dissenters new york appeals observed agree person accused crime severe disadvantage disadvantage amounting lack fundamental fairness adjudged guilty imprisoned years strength evidence suffice civil case requirement proof beyond reasonable doubt vital role criminal procedure cogent reasons accused criminal prosecution stake interest immense importance possibility may lose liberty upon conviction certainty stigmatized conviction accordingly society values good name freedom every individual condemn man commission crime reasonable doubt guilt true points applicability standard always dependent state defines offense charged given case see ante quoting patterson new york state freedom regard however always understood reflect uncontroversial proposition state power subject course constitutional limits attach criminal penalties wide variety objectionable transactions prosecution need establish beyond reasonable doubt constituent elements specified criminal transaction nothing patterson predecessors authorizes state decide ingredients prohibited transaction elements must prove beyond reasonable doubt trial indeed contrary supposition majority patterson new york entirely keeping limit state definitional power implied winship patterson charged murder crime new york included two elements intent cause death another person caus ing death person third person quoting penal law mckinney malice aforethought element crime causing death another person intent act state may constitutionally criminalize punish accord new york fact proscribed punished conduct upheld state refusal prove beyond reasonable doubt every fact existence nonexistence willing recognize exculpatory mitigating circumstance affecting degree culpability severity punishment emphasis added case affirmative defense extreme emotional disturbance explained due process clause invalidate every instance burdening defendant proving exculpatory fact emphasis added recognize mitigating circumstance require state prove nonexistence case fact put issue emphasis added patterson thus clarified due process clause requires proof beyond reasonable doubt conduct exposes criminal defendant greater stigma punishment likewise constrain state reductions criminal penalties even reductions conditioned prosecutor failure prove fact preponderance evidence proof supplied criminal defendant distinction aggravating mitigating facts criticized formalistic ability identify genuine constitutional threats depends nothing continued functioning democratic process appreciate difference aggravating mitigating circumstances important remember although may reach destination either criminalizing conduct allowing affirmative defense prohibiting lesser conduct enhancing penalty legislation proceeding along two paths different even might theoretically achieve result consider example statute making presence private public place felony punishable five years imprisonment yet allowing affirmative defense defendant prove preponderance evidence robbing bank dutile burden proof criminal cases comment doctrine notre dame law democratically elected legislature enact law coalition bankers bank customers soon see legislation repealed serious danger state soon define murder mere physical contact defendant victim leading victim death set affirmative defense leaving defendant prove acted without culpable mens rea patterson new york powell dissenting legislator willing expose severe opprobrium punishment meted murderers accidental stumble subway similar reasons safely assumed state define assaults single offense require defendant disprove elements aggravation mullaney wilbur inconceivability hypothesized legislation sincerely offered illustrate dangers permitting legislative mitigation punishment derogation requirement proof beyond reasonable doubt reason enough feel secure command majority electorate inconceivable however fear state might subject individuals convicted engaging antisocial conduct punishment aggravating conduct proved beyond reasonable doubt case demonstrates state may seek enhance deterrent effect law forbidding use firearms course felonies mandating minimum sentence imprisonment upon proof preponderance already convicted specified crimes winship patterson teach state may advance objectives criminal laws expense accurate factfinding owed criminally accused suffer risk nonpersuasion demean importance standard indeed demean constitution substance standard avoided nothing legislative declaration prohibited conduct element crime legislative definition offense named assault broad enough encompass every intentional infliction harm one person upon another surely legislature provide fact must proved beyond reasonable doubt specify range increased punishments prosecution show preponderance evidence defendant robbed raped killed victim commission offense appropriate respect rule winship requires constitutional limits power state define elements criminal offenses high standard proof required immense importance individual interest avoiding loss liberty stigma results criminal conviction follows submit state provides specific component prohibited transaction shall give rise special stigma special punishment component must treated fact necessary constitute crime within meaning holding winship pennsylvania mandatory minimum sentencing act reflects legislative determination defendant visibly possessed firearm commission aggravated assault blameworthy defendant judicial finding defendant used firearm aggravated assault places greater stigma defendant name simple finding committed aggravated assault overlooked finding respect petitioner dennison automatically mandates punishment twice severe maximum punishment trial judge considered appropriate conduct true points enhanced punishment within range authorized aggravated assault fact however minimize significance finding visible possession firearm whether attention focused stigmatizing punitive consequences finding see mullaney wilbur finding identifies conduct legislature specifically intended prohibit punish special sanction opinion constitutional significance special sanction avoided cavalier observation merely ups ante defendant see ante matter culpable petitioner dennison may difference months years incarceration merits principled justification luck draw respectfully dissent leland oregon frankfurter dissenting later opinion noted duty state establishing every fact equation adds crime establishing satisfaction jury beyond reasonable doubt decisive difference criminal culpability civil liability combination stigma loss liberty involved conditional absolute sentence imprisonment sets sanction apart anything else law imposes packer mens rea rev requirement conduct subjecting individual special stigma special punishment proved beyond reasonable doubt therefore casts doubt constitutionality criminal restitution ordered lesser standard proof patterson also recognized constitutional limits beyond may go regard citing tot cases invalidating statutory presumptions basis cases patterson distinguished maine statute struck mullaney wilbur maine murder statute prescribed life imprisonment whoever unlawfully kills human malice aforethought rev stat tit emphasis added trial judge charged jury malice aforethought essential indispensable element crime murder quoting app likewise government conceded federal enactment tot proscribed receipt firearms interstate commerce see tot patterson clarified mullaney like tot stood proposition shifting burden persuasion respect fact state deems important must either proved presumed impermissible due process clause emphasis added cf romano thus although maine punished unlawful intentional killings life imprisonment congress tot punished possession firearm one convicted crime violence neither case legislature explanation although entirely satisfactory see state lafferty wernick concurring consistent maine explanation direct appeal state law presumed malice see state wilbur state downplayed presumption burden imposed upon defendant state first convinced jury beyond reasonable doubt defendant guilty voluntary intentional homicide point issue longer guilt innocence felonious homicide rather degree homicide held mullaney safeguards due process rendered unavailable simply determination may already reached stigmatize defendant might lead significant impairment personal liberty accord specht patterson cf ashford risinger presumptions assumptions due process criminal cases theoretical overview yale first statute legislature deemed three factors germane punishment presence individual presence narcotics house defendant knowledge second statute two factors deemed germane whether individual punished presence individual presence narcotics house electorate might approve passage first statute passage second fact legislature might pass second statute mean given political temperament state legislature fact passed legislature nominally recognizes knowledge germane first statute type germane issue proved state arranges process lack knowledge still sent jail though second statute passed individuals punished crime never undergone political checks guaranteed representative government note constitutionality affirmative defenses patterson new york colum rev lthough state legislature might decided define offense without mitigating exculpatory factor reason suppose done given political climate state done see ely democracy distrust constitutional law appropriately exists situations representative government trusted know see also likewise irrelevant petitioners first convicted predicate felonies system criminal justice even thief entitled complain unconstitutionally convicted imprisoned burglar jackson virginia see supra