{"id":9895,"date":"2023-02-01T20:09:40","date_gmt":"2023-02-01T20:09:40","guid":{"rendered":"http:\/\/lonecandle.com\/?p=9895"},"modified":"2023-02-01T20:09:40","modified_gmt":"2023-02-01T20:09:40","slug":"sentencing-commission-proposes-restricting-judges-use-of-acquitted-conduct","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=9895","title":{"rendered":"Sentencing Commission Proposes Restricting Judges’ Use of Acquitted Conduct"},"content":{"rendered":"\n

\n\n“The U.S. Sentencing Commission released proposed amendments<\/a> to federal sentencing guidelines last week that would, among other things, limit judges’ ability to enhance defendants’ sentences based on conduct they were acquitted of by a jury.<\/p>\n\n\n\n

It may sound bizarre and antithetical to what everyone is taught about the U.S. justice system, but defendants can be punished for crimes even when a jury finds them not guilty of the charges. At the sentencing phase of a trial, federal judges can enhance defendants’ sentences for conduct they were acquitted of if the judge decides it’s more likely than not\u2014a lower standard of evidence than “beyond a reasonable doubt”\u2014that the defendant committed those offenses. What this does in practice is raise defendants’ scores under the federal sentencing guidelines, leading to significantly longer prison sentences.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“The Sentencing Commission’s proposal would amend the federal sentencing guidelines to limit judges from considering acquitted conduct at sentencing unless the conduct was either admitted by the defendant during a guilty plea or found beyond a reasonable doubt. The sentencing guidelines are not binding, but federal judges are required to at least consider them and explain their reasoning if they deviate from them.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“For the past several years, bipartisan bills have been introduced in Congress<\/a> to ban the use of acquitted conduct at sentencing in federal trials, but none have passed.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“A petition is also currently pending before the Supreme Court in another case involving acquitted conduct”<\/p>\n\n\n\n

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Sentencing Commission Proposes Restricting Judges’ Use of Acquitted Conduct<\/a><\/blockquote>