Saturday, July 29, 2006

Aquitted Conduct

by: Marc David Seitles
In United States v. Faust, the Eleventh Circuit did not find a constitutional problem with enhancing a sentence based on acquitted conduct. While the Eleventh Circuit is not the only circuit to hold the same, it does seem to run contrary to the whole point of why we have trials in the first place. Indeed, I would bet that if you asked 100 people (non lawyers!) whether they could be sentenced for conduct where a jury concluded that he/she was "not guilty," 99 of those folk would say "no way, that's impossible." What do you think?

1 comment:

Andrew Oh-Willeke said...

I think you are right, but only with the caveat that at least a third and maybe even half would, upon learning the actual state of the law say, "that's better than I thought it was . . . too many guilty bastards get off."

Sad, but, I think, true.