June 26, 2019–Due Process Institute President Shana O’Toole was quoted in Law360 regarding the recently decided criminal law Supreme Court case Haymond v. United States:
“Shana-Tara O’Toole, founder and president of the nonprofit Due Process Institute, which filed a brief supporting Haymond, said the ruling protected the rights of criminal defendants and may point the way to more robust jurisprudence on the limits of sentencing.
One example O’Toole raised is the ‘long-standing question’ of whether judges may factor in conduct that has led to an acquittal in sentencing defendants for a charge where they have been convicted. ‘We are pleased to see Justice Gorsuch and the majority of the court recognize the importance of the right to jury trial in our constitutional system and hope that it is a signal of where a majority of the court might be on similar questions,’ O’Toole said.”