Sens. Revive Push To Ban Sentencing For Acquitted Conduct

Law360 (March 5, 2021, 10:30 PM EST) -- The U.S. Senate Judiciary Committee's top two members introduced a bill Thursday to bar judges from considering acquitted conduct in sentencing, a practice that Justice Clarence Thomas and late Justices Ruth Bader Ginsburg and Antonin Scalia wanted to review as far back as 2014.

Judiciary Committee Chair Sen. Dick Durbin, D-Ill., and ranking member Sen. Chuck Grassley, R-Iowa, introduced legislation to mandate that judges "shall not consider, except for purposes of mitigating a sentence, acquitted conduct."

A parallel bipartisan bill will be introduced in the House next week, the two said.

"Federal law inexplicably allows judges to override a jury verdict...

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