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Seventh Circuit reverses sentence based on insufficient evidence of "precrime" of attempted murder

By Douglas A. Berman

The Seventh Circuit today in US v. England, No. 08-2440 (7th Cir. Feb. 13, 2009) (available here), suggests that we do not (yet) live in a Minority Report world in which special government agents can punish persons for crime they are predicted to commit.  Specifically, the Seventh Circuit in England finds error in a district court's decision to increase a defendant's sentence significantly based on the "court?s belief that the defendant would have committed the crime" of attempted murder if given the opportunity to be free on bond.  England, slip op. at 13. (emphasis in original). The England opinion is fascinating for many reasons, and here is one particularly interesting passage discussing a sentencing judge's discretion (with some cites omitted): We grant sentencing courts discretion to draw conclusions about the testimony given and evidence introduced at sentencing...continue to full post

Full post as published by Sentencing Law and Policy on February 13, 2009 (boomark / email).