Tag Archives: Apprendi


Court Should Decide Whether Defendant’s Conduct Is Constitutionally Protected
March 30th, 2014

  On April 23, 2010, CC 1301 was revised to delete element 4 which required the prosecution to prove that “The defendant’s course of conduct was not constitutionally protected.” According to the CC Committee,“whether conduct is constitutionally protected is not an issue for the jury to decide.” CC 1301 was further revised to instruct the […]


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