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"When Acquitted Doesn't Mean Acquitted"

By Douglas A. Berman

The title of this posts is the title of this long piece at ABC News on one of my favorite modern sentencing litigation topics. The full title of the piece is "When Acquitted Doesn't Mean Acquitted: Judges Can Sentence Criminals to Longer Prison Terms Even After a Jury Has Acquitted Them," and here is an excerpt from the article discussing a few recent cases that regular readers of this blog know well:The Supreme Court has called the right to a jury trial one of the foundations of American law. But at same time, the Court has given judges broad discretion in meting out sentences under the now-advisory federal sentencing guidelines, allowing them to consider conduct that the jury never considered or found a defendant not guilty of committing...continue to full post

Full post as published by Sentencing Law and Policy on September 16, 2008 (boomark / email).