Learn how you can help ensure that the principle of due process endures this crisis
What We Are Doing to End Acquitted Conduct Sentencing
Legislative Work
Due Process Institute is working with a bipartisan coalition and members of Congress to pass legislation that would ensure #JuriesDecide.
Amicus Briefs
Due Process Institute seeks to abolish acquitted conduct sentencing in America's courts.
Research
Research
The full impact of acquitted conduct sentencing is unknown given the limited data and awareness about this practice. Due Process Institute is seeking to provide a comprehensive picture of this practice through research.
Bipartisan Criminal Justice Reform Bill Introduced
Due Process Institute applauds Senators Durbin and Grassley for once again serving as lead sponsors of a landmark bipartisan criminal justice reform bill--as well as co-sponsors Senators Leahy, Lee, Booker, and Tillis--and putting their political differences aside to work together for the good of the country by introducing--the Prohibiting Punishment of Acquitted Conduct Act of 2019 (S. 2566).
#BipartisanWorks #JuriesDecide
We are grateful for the support of many allies in endorsing this legislation!
#Cut50; ALEC Action; Aleph Institute; ABA; ACLU; American Conservative Union; Americans for Prosperity; Americans for Tax Reform; Digital Liberty; Drug Policy Alliance; Fair Trials; Faith and Freedom Coalition; FAMM; Federal Public & Community Defenders; Freedomworks; Innocence Project; Koch Industries; NACDL; National Legal Aid and Defender Association; Prison Fellowship; R Street Institute; Right on Crime; The Sentencing Project; Texas Public Policy Foundation; and Tzedek Association.
Preview: Our Research on Acquitted Conduct Sentencing
Forty states and the District of Columbia either explicitly or implicitly permit the use of acquitted conduct at sentencing.
Only ten states have abolished the practice: Georgia, Hawaii, Massachusetts, Michigan, Minnesota, New Hampshire, New Mexico, North Carolina, Oregon, and Washington.
The method of prohibition varies. Georgia, Hawaii, Massachusetts, Michigan, New Hampshire, and North Carolina eliminated the practice via court decision; Minnesota, New Mexico, Oregon, and Washington did so via statutory or regulatory sentencing guidelines. The effect of the prohibitions in these ten states also varies depending on the particular sentencing regime the state employs.
To understand the difficulty that will come with reforming the use of acquitted conduct sentencing at the state level, one needs to understand the various sentencing mechanisms used in the states since they feature substantial variations in both procedure and substance.
Stay tuned for our comprehensive report!
