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FORGOTTEN HISTORY: Dayonta mcclinton - Caught on Camera

Not Guilty but Punished Anyway

Sentencing defendants based on acquitted conduct violates basic notions of justice.

Reason · Apr 19, 2025

U.S. Sentencing Commission Restricts Federal Judges' Ability To Use Acquitted Conduct at Sentencing

The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.

Reason · Apr 18, 2024

The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump

Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.

Reason · Feb 23, 2024

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Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct

Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.

Reason · Dec 20, 2023

Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct

It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.

Reason · Jan 17, 2023

Supreme Court asked to stop judges from considering ‘acquitted conduct’ during sentencing

Judges sometimes add prison time for crimes defendants were accused of — even if juries found them innocent. And the Supreme Court has turned down numerous appeals asking it to declare that the Constitution forbids it.

Chicago Sun-Times · Dec 28, 2022

This Teen Was Acquitted of Killing His Accomplice. He Was Punished for It Anyway.

Seventeen retired federal judges, appointed by both Republicans and Democrats, filed a brief supporting his appeal.

Reason · Dec 12, 2022

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A Jury Acquitted Them of Various Charges. They Served Prison Time for Them Anyway.

The Supreme Court may soon consider if acquitted conduct sentencing is illegal.

Reason · Oct 4, 2022

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