Unchargeable Conduct: The Next Frontier for Sentencing Reform
Under the previous rule, a defendant who was convicted of one charge but acquitted of another could still face punishment for the acquitted conduct, so long as the government could convince the judge at sentencing that it was more likely than not that the defendant did in fact commit the crime.
October 30, 2024 at 11:54 AM
3 minute read
In April 2024, the U.S. Sentencing Commission took action to end a controversial practice known as "acquitted conduct" sentencing. Under the previous rule, a defendant who was convicted of one charge but acquitted of another could still face punishment for the acquitted conduct, so long as the government could convince the judge at sentencing that it was more likely than not that the defendant did in fact commit the crime. You read that right—the old rule meant that "not guilty" at trial did not always mean "not guilty" when it came time for sentencing. The commission has rightfully done away with this practice, at least at the federal level.
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