Abstract
In the recent consolidated decision, United States v. Watts and United States v. Putra,the United States Supreme Court approved the federal sentencing procedure whereby judges punish defendants for offenses for which they have been acquitted. That decision is, of course, disturbing for many reasons: it is the demise of the reasonable doubt standard, the derogation of the right to a jury trial, and the violation of the spirit of double jeopardy protection. This Article, however, examines the decision in the context of Therapeutic Jurisprudence by isolating its serious antitherapeutic consequences. Essentially, what the Article shows is the procedure, which allows a judge to trump a jury's acquittal by meting out punishment for that acquittal, engenders in prisoners a disrespect for the legal system, anger, helplessness, and disregard for human life. What the Article ultimately suggests is that the Supreme Court approved sentencing procedure, by its very nature, should promote, not curtail, recidivism.
How to Cite
41 Ariz. L. Rev. 459 (1999)
5
Views
4
Downloads