On the recordMarch 28, 2022
Mr. Speaker, I rise today in support of the Prohibiting Punishment of Acquitted Conduct Act--commonsense bipartisan and bicameral legislation to restore a key aspect of fairness to our criminal justice system. Under the U.S. criminal justice system, you are innocent until proven guilty. A principle that is foundational to our system of law and order. Coupled with this principle, is that if you are charged with a crime, you are entitled to a trial by a jury of your peers. If they find you innocent, your case is finished. This all makes sense--and aligns with our understanding of our justice system. But, in too many cases, tour courts are punishing people for crimes they've been found innocent of. Currently, even if one jury finds you innocent and acquits you of a crime, a different judge can still use that allegation as a basis of providing a harsher punishment for a crime you are convicted of. This means that the second judge can effectively unilaterally overturn a prior acquittal when considering a future sentence-- dismissing the presumption of innocent until proven guilty. This is absurd. I was a litigator and defense attorney for many years, and I understand exactly how unjust it is for someone found innocent to have this ticking timebomb looming overhead. This bill will end the practice of judges increasing sentences based on conduct for which a defendant has been acquitted by a jury-- restoring a foundation pillar of fairness in our criminal justice system.…





