The recidivism exception to the Sixth Amendment. The Court also held that the Sixth Amendment does not require courts to treat recidivism as an element of the crime irrespective of the intent of Congress. True, the Court had held that all "elements" of the crime must be proved beyond a reasonable doubt, but it had also held that the state could place the burden of proving some sentencing factors on the defendant. But recidivism was not like an element of a crime, or most other sentencing factors, because it could neither be presumed nor proved. Indeed, recidivism is one of the oldest and most common reasons for enhancing a criminal's punishment. Because of this historical pedigree, the Court could not find support in its modern precedents for the idea that it must be proved by the prosecution beyond a reasonable doubt. True, a few states had such a requirement on their own, but those states had never rested this requirement on a federal constitutional guarantee. Nor does the fact that the increased punishment available is significant by itself trigger a constitutional requirement that it be proved beyond a reasonable doubt.