We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
HOUSE COMMITTEE SENDS ACQUITTED CONDUCT BILL TO FULL HOUSE
The House of Representative Committee on the Judiciary last Wednesday unanimously approved the Prohibiting Punishment of Acquitted Conduct Act of 2023 (H.R. 5430). Spearheaded by Rep. Steve Cohen (D-TN), the bipartisan measure was approved 23-0.
In September, Cohen introduced the bipartisan measure with Rep Kelly Armstrong (R-ND), with Sens Richard Durbin (D-IL) and Charles Grassley (R-IA) introducing a companion bill, S.2788, in the Senate. This legislation would end the practice of judges increasing sentences based on conduct for which a defendant has been acquitted. It will now advance to the full House of Representatives for a floor vote. The Senate has yet to act on the measure.
During markup of the bill, Cohen said, “Just about every Supreme Court Justice who’s been around lately – John Paul Stevens, Anthony Kennedy, and Antonin Scalia… Ruth Bader Ginsberg, Clarence Thomas, going down to Neil Gorsuch and Brett Kavanaugh have all said this needs to be changed. So with that I would ask that we… arrive at justice. People should be convicted of proven crimes and sentenced for those crimes.”
The Sentencing Commission considered prohibited acquitted conduct from being used in sentencing last winter but decided the issue needed more review. On June 30, the Supreme Court denied review on 13 different cases raising the issue.
Ohio State University law professor Doug Berman said in his Sentencing Law and Policy blog last week that “this notable vote committee certainly does not ensure Congress will get this bill to the desk of the President, but it should serve as a strong message to the U.S. Sentencing Commission that it should have bipartisan support for any acquitted conduct reforms it might be considering during its current amendment cycle.”
H.R. 5430, Prohibiting Punishment of Acquitted Conduct Act of 2023
S. 2788, Prohibiting Punishment of Acquitted Conduct Act of 2023
Sentencing Law and Policy, Prohibiting Punishment of Acquitted Conduct Act receives unanimous bipartisan support in US House Judiciary Committee (November 3, 2023)
– Thomas L. Root