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every intentional infliction of harm by one person on another, but certainly the legislator could not provide that the only fact that must be proved beyond a reasonable doubt, and specify the range of punishments that could be shown by preponderant evidence that the defendant robbed, raped, were killed his victims during the commission of the offense. here justice stevens for the first time articulate a vision of the right, not simply state wendy jury goes or night, it s says when the defendant gets a jury and lays down that the legislature cannot manipulate the defendant out of that right. . so that was 1990. as i told you at the top, 10 years later in apprende in 2000 justice stevens actually wrote an opinion for five justices holding exactly what he had told the court it was not too late to hold in walton and exactly what he had advocated for in mcmillan. he said the right to jury trial along with the right to have facts to your sentence are rights of surpassing im ....