Federal sentencing law is widely applied to punish offenders not only for offenses of which they have been convicted, but also, in the same proceedings, for offenses of which they have not been convicted. When convicted of at least one charge, a judge may consider relevant conduct in sentencing the defendant, and even increase the sentence for charges that were never charged. Scholars are split on the subject. On the one hand, some argue the use of relevant conduct at sentencing is often legitimate. Others object to the practice because “the addition of the relevant conduct result[s] in the identical punishment range which the defendant would have encountered had [they] been convicted on all counts.”
Showing posts with label post conviction. Show all posts
Showing posts with label post conviction. Show all posts
Tuesday, January 6, 2015
Subscribe to:
Posts (Atom)