The U.S. Department of Justice is opposing a bipartisan panel's proposal to curtail federal judges' ability to impose longer prison sentences on criminal defendants based on conduct for which they were acquitted at trial.
The panel faces a May 1 deadline to submit amendments to the guidelines to Congress.
Judges may do so because while juries must consider whether a criminal charge is proven beyond a reasonable doubt, judges at sentencing may consider whether facts are proven based on a preponderance of the evidence, a lower standard of proof. But several members of the seven-member bipartisan commission, who were all appointed by Democratic President Joe Biden last year, questioned why they should not place limits on a practice that has bothered judges, defense lawyers, lawmakers and the public for years.
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