The jury acquits, the judge still sentences. Can that be?
The longstanding question of a judge’s power to impose a longer sentence by relying on conduct that the jury rejected as evidence of guilt will linger further. Over the dissents of three Justices — one fewer than the number needed to grant review — the Court on Tuesday turned aside the latest attempt to get that constitutional … Continue reading The jury acquits, the judge still sentences. Can that be?
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