Judges can still punish acquitted defendants

[flashl]

In refusing to consider a Wisconsin man's appeal, the Supreme Court says jurists can issue prison sentences even if the jury has cleared a defendant of certain crimes.

WASHINGTON -- The Supreme Court declined Monday to reconsider a legal rule that might surprise most Americans: Judges can punish defendants for certain crimes even after a jury has acquitted them of those charges.

In recent years, the justices have described the right to jury trial as one of the bedrock principles of American law. At the same time, they have been unwilling to say that a jury's not-guilty verdict on some charges means the defendant cannot be punished. Instead, the court has said judges may take into account "acquitted conduct" when they decide on a prison term.

The case of Mark Hurn of Madison, Wis., provides a stark example of the rule.

Hurn was given an additional 15 years in prison for possessing crack cocaine, even though a jury acquitted him of the charge. He was convicted of having powder cocaine in his house, a charge that would warrant between two and three years in prison under federal sentencing guidelines.

But he was sentenced to nearly 18 years in prison, as though he had been convicted on both counts.

"This was an extraordinary increase," said Elizabeth Perkins, a lawyer in Madison who filed his appeal. "Allowing a sentencing judge to disregard the verdict of the jury is very disappointing."

LA Times

[LakeSamish706]

1. That seems pretty ridiculous to me that a sentencing Judge can do this....

What the hell is the point of having a trial by jury if they can be overridden by some Judge that thinks he has this kind of power?

[flashl]

5. The same kind of power judges have in Alabama DP cases

SUPREME COURT ROUNDUP; Judges May Overrule Juries in Capital Cases, Court Says

Published: February 23, 1995

The Supreme Court today upheld the constitutionality of Alabama's death penalty law, under which a judge may impose a death sentence despite a jury's recommendation of life in prison without parole.


NY Times

edit: removed dupe

[drmeow]

2. Now THAT is what I call

an activist judge.

Goodbye Constitution, its been nice knowing you.

[DJ13]

3. If he's sentenced after acquittal isn't that 'Double Jeopardy'?

:wtf:

[happyslug]

7. HE was Acquitted of Selling Crack, but convicted of selling powder cocaine

And the Prosecutor and the judge said, they could consider ALL of the charges brought against the Defendant, not just the ones he was convicted of. Thus it is NOT a second trial but a sentence based on two crimes one he was convicted of and another he was acquitted of.

[mikelgb]

4. People can still have a revolution

[pixiesix]

8. hah

i wish!

[razors edge]

6. The courts have been trying to

drive a stake through the hearth of jury nullification since the Constitution was signed.

It's all about power, and they don't want to share any with the little people.