The distinguishing factor between "Mullaney" on the one hand and "Patterson" and "McMillan" on the other was that the fact in question exposed the defendant to a greater punishment. So too in this case, the facts of "serious bodily injury" or death exposed the defendant charged with federal carjacking to greater punishment than if those facts were not proved. Furthermore, removing these determinations from the jury's purview was not consistent with the role of the jury in the 18th century, which had tremendous control over the punishment a defendant would suffer. Thus, to avoid any unnecessary tension with "Mullaney", "Patterson", and "McMillan", the Court held that these facts were elements of separate federal carjacking crimes.