Bipartisan Bill Seeks to End Judges Increasing Sentences for ‘Acquitted Conduct’

Senate Minority Whip Richard Durbin (D-Ill.) (R) speaks as Minority Leader Chuck Schumer (D-NY) (L) listens at the U.S. Capitol in Washington on June 11, 2019. Alex Wong/Getty Images

WASHINGTON—Bipartisan legislation was introduced in Congress last week that would end the practice of judges increasing criminal sentences based on conduct for which a defendant has been acquitted by a jury.

The bill comes as a legal challenge, based on the Fifth and Sixth Amendments, to the little-known practice that favors prosecutors was filed with the Supreme Court.