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The Trial Penalty: How Federal Judges Can Increase Sentences Using Acquitted Conduct

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Federal Crimes, Criminal Law, Sentencing, Fifth Amendment, Trial, Sixth Amendment, Federal Criminal Trial, Sentencing enhancement on Thursday, October 3, 2019

I previously wrote[1] about the ever-declining number of federal criminal trials due to the trial penalty: the additional months or even years added to a sentence after a conviction at trial, as compared to resolving the case by a plea agreement. This article focuses on another factor contributing to the trial penalty:  punishment based upon acquitted conduct.

Tags: Federal Crimes, Criminal Law, Sentencing, Fifth Amendment, Trial, Sixth Amendment, Federal Criminal Trial, Sentencing enhancement

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