From Law 360: Alan Ellis and Mark Allenbaugh discuss the controversial practice of using acquitted conduct for sentencing in the U.S. justice system. Acquitted conduct refers to the actions for which a defendant was acquitted but are still considered during sentencing. This practice, endorsed by the U.S. Supreme Court since 1997, has been criticized for […]
Acquitted Conduct Revisted – Set for Sentencing Podcast
Acquitted Conduct Amendment from U.S. Sentencing Commission – Full Text
PROPOSED AMENDMENT: ACQUITTED CONDUCT. Full text of the U.S. Sentencing Commission’s Acquitted Conduct Amendment Synopsis of Proposed Amendment: This proposed amendment is a result of the Commission’sconsideration of possible amendments to the Guidelines Manual to prohibit the use ofacquitted conduct in applying the guidelines. See U.S. Sent’g Comm’n, “Notice of FinalPriorities,” 88 FR 60536 (Sept. […]
U.S. Sentencing Commission (USSC) Adopts Amendment to end Acquitted Conduct
U.S. Sentencing Commission (USSC) Votes to Adopt Acquitted Conduct Amendment The U.S. Sentencing Commission has adopted amendments to the Guidelines Manual to prohibit the use of acquitted conduct in applying the guidelines (The “Acquitted Conduct Amendment”). Acquitted conduct refers to the actions for which a defendant was acquitted but are still considered during sentencing. Currently, […]
The Use (and misuse) of Acquitted Conduct to Enhance Federal Sentences
The Use (and misuse) of Acquitted Conduct to Enhance federal Sentences (Congressional Research Service) The Congressional Research Service’s Legal Sidebar discusses the controversial practice of using acquitted conduct to enhance federal sentences. This refers to the practice where a defendant’s sentence is increased based on conduct related to charges for which they were acquitted. View […]