TITLE

A LOOK AT THE USE OF ACQUITTED CONDUCT IN SENTENCING

AUTHOR(S)
Beutler, Erica K.
PUB. DATE
March 1998
SOURCE
Journal of Criminal Law & Criminology;Spring98, Vol. 88 Issue 3, p809
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article presents information on the judgment given in the Supreme Court case--United States v. Watts. In United States a Watts, the United States Supreme Court addressed whether sentencing courts, when determining a convicted defendant's sentence, may consider conduct relating to charges of which the defendant was acquitted. This Note argues that the Court's decision also ignored important constitutional considerations. The use of acquitted conduct in sentencing raises due process arid double jeopardy concerns that deserved far more careful analysis than they received. The fundamental differences between uncharged and acquitted conduct which trigger these constitutional concerns should have been noted and discussed. Determination of an offender's sentence typically begins with a recommended sentence from the probation department. The probation department includes its recommendation in the pre-sentence investigation report it prepares in which it describes the circumstances of the offense and the history of the offender.
ACCESSION #
1205668

 

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