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Dear friend,
Imagine you are charged with two crimes. You go to trial
and the jury finds you guilty of one, but not the other.
Now, imagine at sentencing that the judge imposes a sentence for both
crimes. You will serve time not only for the conduct for which the
jury convicted you, but also for the acquitted conduct.
Not in our criminal justice system, you say.
But you'd be wrong.
In our criminal justice system, judges are directed to calculate the
prison sentence using even acquitted conduct. FAMM has fought against
the use of acquitted conduct for years, and has repeatedly urged the
United States Sentencing Commission to end its use.
Using acquitted conduct at sentencing undermines citizens' view of our
justice system as fair and balanced. FAMM members tell us they cannot
understand why our sentencing rules direct judges to count conduct
that a jury has examined and rejected - and we ourselves find it
hard to explain.
Now, we are taking the fight to the U.S. Supreme Court. FAMM has filed
an amicus brief in a case, Asaro v. United States, asking the court to
review and then end the practice once and for all.
We asked our members in prison to tell us their stories that we could
use in our brief, and we heard from many people. We included some of
their experiences in our brief, which you can read here:
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We will keep you posted on this effort and all our work in the courts
to bring justice to our system.
Mary Price
General Counsel, FAMM
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1100 H Street NW | Suite 1000 | Washington, D.C. xxxxxx | Tel: (202) 822-6700
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