To amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
Summary
Senate Bill 3483 aims to amend Title 18 of the United States Code to prevent courts from considering acquitted conduct during sentencing, except when mitigating a sentence. The bill defines 'acquitted conduct' as acts for which a person was found not guilty after trial or acts underlying dismissed charges. It specifies that the amendment applies to judgments entered on or after the date of enactment.
Expected Effects
The bill, if enacted, would change sentencing practices in federal courts. It would limit the information judges can consider, preventing them from increasing sentences based on conduct for which a defendant was acquitted. This could lead to shorter sentences in some cases.
Potential Benefits
- Protects individuals from being punished for conduct they were acquitted of.
- Reinforces the principle of 'innocent until proven guilty'.
- Promotes fairness and consistency in sentencing.
- Reduces potential for wrongful or excessive sentences.
- Aligns sentencing practices more closely with the outcomes of trials.
Potential Disadvantages
- May limit a judge's ability to consider the full scope of a defendant's actions.
- Could lead to sentences that do not adequately reflect the defendant's overall culpability.
- Might be perceived as weakening the justice system's ability to deter crime.
- Could create complexities in sentencing guidelines and judicial discretion.
- Potential for increased appeals based on interpretation of 'acquitted conduct'.
Constitutional Alignment
The bill aligns with constitutional principles related to due process and the presumption of innocence. Specifically, the Fifth Amendment guarantees due process, and preventing punishment for acquitted conduct supports this. The Sixth Amendment ensures the right to a fair trial, and this bill reinforces the importance of an acquittal. The bill does not appear to conflict with any specific constitutional provisions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).