Durbin Applauds Sentencing Commission's Unanimous Vote To Prohibit Acquitted Conduct From Being Used In Sentencing Guidelines

Press Release

Date: April 18, 2024
Location: Washington

“Under our Constitution, defendants can only be convicted of a crime if a jury of their peers finds they are guilty beyond a reasonable doubt. However, federal law inexplicably allows judges to override a jury verdict of ‘not guilty’ by sentencing defendants based on acquitted conduct. This practice is inconsistent with the Constitution’s guarantees of due process and the right to a jury trial. That’s why I applaud the Sentencing Commission’s important step to limit the use of acquitted conduct. This unjust practice must be prohibited under federal law.”


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