A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
Term Dictionary
If you come across any unfamiliar words while reading, these resources can help make everything clearer. Pick whichever one works best for you!
- Congress.gov Legislative Glossary - Comprehensive congressional terms
- NVFC Congressional Terms Glossary - Concise, easy-to-understand definitions
The gist
Federal judges could no longer add prison time based on charges a jury cleared. Protects adults and juveniles acquitted in federal, state, or tribal courts.
Who wins, who loses
- Wins: defendants convicted on some charges but acquitted on others, juveniles in the justice system, defense attorneys.
- Loses: federal prosecutors who use acquitted conduct to push longer sentences.
What it does
- Amends Section 3661 of Title 18 to bar courts from considering acquitted conduct when sentencing, unless it reduces the sentence.
- Defines 'acquitted conduct' to cover not-guilty verdicts from federal, state, and tribal trials.
- Includes juveniles found 'not responsible' at adjudication hearings.
- Applies only to judgments entered after enactment—no retroactive effect.
Why should I care?
Supporters say a not-guilty verdict should actually mean something—it's unfair when judges punish people for charges juries rejected. Critics argue judges need full context, including conduct proven by a lower 'preponderance' standard, to set fair sentences. The bipartisan duo (Durbin and Grassley) reflects rare left-right agreement on criminal justice. Where do you land? Vote below and use "Tell Your Rep" to make sure your voice reaches Congress.