Abstract
This Note examines the question of whether, and under what circumstances, an offender's sentence should be increased on the basis of conduct for which the offender has been acquitted. The Note begins by providing a brief background of the history and structure of the Federal Sentencing Guidelines. It then discusses the various types of "relevant conduct" that may affect an offender's sentence and the arguments for and against the policy of considering acquitted conduct in sentencing. Finally, this Note analyzes the circumstances under which courts should and should not be permitted to increase an offender's sentence on the basis of acquitted conduct.
How to Cite
34 Ariz. L. Rev. 799 (1992)
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