Thursday, October 23, 2014

Think the government must convict you of a crime before it can punish you for it? Think again.

Think the government must convict you of a crime before it can punish you for it? Think again.



Most Americans probably believe that the government must first convict you of a crime before it can impose a sentence on you for that crime. This is incorrect: When federal prosecutors throw a bunch of charges at someone but the jury convicts on only some of those charges, a federal judge can still sentence the defendant on the charges for which he was acquitted. In fact, the judge can even consider crimes for which the defendant has never been charged.