Federal judges will be limited from enhancing defendants’ sentences based on conduct a jury acquitted them of, a practice that has drawn condemnation from a wide range of civil liberties groups, lawmakers, and jurists.
The U.S. Sentencing Commission, a bipartisan panel that creates guidelines for the federal judiciary, voted unanimously Wednesday to adopt an amendment prohibiting judges from using acquitted conduct when calculating a defendant’s sentencing range under those guidelines. The only exception is if the conduct “also establishes, in whole or in part, the instant offense of conviction.”
“Not guilty means not guilty,” U.S. District Judge Carlton W. Reeves, the chair of the Sentencing Commission, said in a press release. “By enshrining this basic fact within the federal sentencing guidelines, the Commission is taking an important step to protect the credibility of our courts and criminal justice system.”
Although it sounds antithetical to what everyone is taught about the American justice system, at the sentencing phase of a trial, federal judges could enhance defendants’ sentences for conduct they were acquitted of if the judge decided it was more likely than nota lower standard of evidence than “beyond a reasonable doubt”that the defendant committed those offenses. This raised defendants’ scores under the federal sentencing guidelines, leading to significantly longer prison sentences.
For example, Reason ‘s Billy Binion reported on the case of Dayonta McClinton, who was charged with robbing a CVS pharmacy in Indiana at gunpoint and killing one of his accomplices during a dispute after the robbery. A jury convicted McClinton of robbing the pharmacy but acquitted him of killing his accomplice. A federal judge nevertheless used the accomplice’s death to enhance McClinton’s sentence from the 5771 months recommended under the guidelines to 228 months.
McClinton filed a petition to the Supreme Court challenging the use of acquitted conduct at his sentencing, but despite several Supreme Court justices previously expressing doubt about the constitutionality of the practiceincluding Justices Brett Kavanaugh and Clarence Thomasthe Court declined to take up the case last June. Reuters reported that four of the justices signaled they would defer to the Sentencing Commission.
The Justice Department opposed a previous proposal by the Sentencing Commission to limit the use of acquitted conduct.
“Curtailing courts’ discretion to consider conduct related to acquitted counts would be a significant departure from long-standing sentencing practice, Supreme Court precedent and the principles of our guidelines,” Jessica Aber, the U.S. attorney for the Eastern District of Virginia, testified before the Commission last February.
The Justice Department declined to comment on the new policy.
The practice also outraged members of Congress. For the past several years, Sens. Chuck Grassley (RIowa) and Dick Durbin (DIll.) have introduced legislation to ban the use of acquitted conduct at sentencing in federal trials, but so far none have passed.
In a statement today, Durbin continued to call for the passage of his and Grassley’s Prohibiting Punishment of Acquitted Conduct Act, saying “this unjust practice must be prohibited under federal law.”
“Under our Constitution, defendants can only be convicted of a crime if a jury of their peers finds they are guilty beyond a reasonable doubt,” Durbin said. “However, federal law inexplicably allows judges to override a jury verdict of ‘not guilty’ by sentencing defendants based on acquitted conduct. This practice is inconsistent with the Constitution’s guarantees of due process and the right to a jury trial. That’s why I applaud the Sentencing Commission’s important step to limit the use of acquitted conduct.”
Sophisticated drones sending “overwhelming amounts” of drugs and weapons into prisons represent a threat to national security, according to an annual inspection report by the prisons watchdog.
HMP chief inspector of prisons Charlie Taylor has warned criminal gangs are targeting jails and making huge profits selling contraband to a “vulnerable and bored” prison population.
The watchdog boss reiterated his concerns about drones making regular deliveries to two Category A jails, HMP Long Lartin and HMP Manchester, which hold “the most dangerous men in the country”, including terrorists.
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2:28
Ex-convict: Prison is ‘birthing bigger criminals’
Mr Taylor said “the police and prison service have in effect ceded the airspace” above these two high-security prisons, which he said was compromising the “safety of staff, prisoners, and ultimately that of the public”.
“The possibility now whereby we’re seeing packages of up to 10kg brought in by serious organised crime means that in some prisons there is now a menu of drugs available,” he said. “Anything from steroids to cannabis, to things like spice and cocaine.”
“Drone technology is moving fast… there is a level of risk that’s posed by drones that I think is different from what we’ve seen in the past,” warned the chief inspector – who also said there’s a “theoretical risk” that a prisoner could escape by being carried out of a jail by a drone.
He urged the prison service to “get a grip” of the issue, stating: “We’d like to see the government, security services, coming together, using technology, using intelligence, so that this risk doesn’t materialise.”
Image: The report highlights disrepair at prisons around the country
The report makes clear that physical security – such as netting, windows and CCTV – is “inadequate” in some jails, including Manchester, with “inexperienced staff” being “manipulated”.
Mr Taylor said there are “basic” measures which could help prevent the use of drones, such as mowing the lawn, “so we don’t get packages disguised as things like astro turf”.
Responding to the report, the Prison Advice and Care Trust (PACT) said: “The ready access to drugs is deeply worrying and is undermining efforts to create places of rehabilitation.”
Mr Taylor’s report found that overcrowding continues to be what he described as a “major issue”, with increasing levels of violence against staff and between prisoners, combined with a lack of purposeful activity.
Some 20% of adult men responding to prisoner surveys said they felt unsafe at the time of the inspection, increasing to 30% in the high security estate.
Andrea Coomber, chief executive of the Howard League for Penal Reform, said: “This report is a checklist for all the reasons the government must prioritise reducing prison numbers, urgently.
“Sentencing reform is essential, and sensible steps to reduce the prison population would save lives.”
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May: Male prison capacity running at 99%
The report comes after the government pledged to accept most of the recommendations proposed in the independent review of sentencing policy, with the aim of freeing up around 9,500 spaces.
Those measures won’t come into effect until spring 2026.
Prisons Minister Lord Timpson said Mr Taylor’s findings show “the scale of the crisis” the government “inherited”, with “prisons dangerously full, rife with drugs and violence”.
He said: “After just 500 prison places added in 14 years, we’re building 14,000 extra – with 2,400 already delivered – and reforming sentencing to ensure we never run out of space again.
“We’re also investing £40m to bolster security, alongside stepping up cooperation with police to combat drones and stop the contraband which fuels violence behind bars.”
A UN expert has said some young soldiers in the Israeli Defence Forces are being left “psychologically broken” after “confront[ing] the reality among the rubble” when serving in Gaza.
Francesca Albanese, the UN Human Rights Council’s special rapporteur on the occupied Palestinian territories, was responding to a Sky News interview with an Israeli solider who described arbitrary killing of civilians in Gaza.
She told The World with Yalda Hakim that “many” of the young people fighting in Gaza are “haunted by what they have seen, what they have done”.
“It doesn’t make sense,” Ms Albanese said. “This is not a war, this is an assault against civilians and this is producing a fracture in many of them.
“As that soldier’s testimony reveals, especially the youngest among the soldiers have been convinced this is a form of patriotism, of defending Israel and Israeli society against this opaque but very hard felt enemy, which is Hamas.
“But the thing is that they’ve come to confront the reality among the rubble of Gaza.”
Image: An Israeli soldier directs a tank near the border with the Gaza Strip, in southern Israel. Pic: AP
Being in Gaza is “probably this is the first time the Israeli soldiers are awakening to this,” she added. “And they don’t make sense of this because their attachment to being part of the IDF, which is embedded in their national ideology, is too strong.
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“This is why they are psychologically broken.”
Jonathan Conricus, a former IDF spokesman who is now a senior fellow at the Foundation for Defence of Democracies, said he believes the Sky News interview with the former IDF solider “reflects one part of how ugly, difficult and horrible fighting in a densely populated, urban terrain is”.
“I think [the ex-soldier] is reflecting on how difficult it is to fight in such an area and what the challenges are on the battlefield,” he said.
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Ex-IDF spokesperson: ‘No distinction between military and civilians’
‘An economy of genocide’
Ms Albanese, one of dozens of independent UN-mandated experts, also said her most recent report for the human rights council has identified “an economy of genocide” in Israel.
The system, she told Hakim, is made up of more than 60 private sector companies “that have become enmeshed in the economy of occupation […] that have Israel displace the Palestinians and replace them with settlers, settlements and infrastructure Israel runs.”
Israel has rejected allegations of genocide in Gaza, citing its right to defend itself after Hamas’s attack on 7 October 2023.
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‘Israel has shifted towards economy of genocide’
The companies named in Ms Albanese’s report are in, but not limited to, the financial sector, big tech and the military industry.
“These companies can be held responsible for being directed linked to, or contributing, or causing human rights impacts,” she said. “We’re not talking of human rights violations, we are talking of crimes.”
“Some of the companies have engaged in good faith, others have not,” Ms Albanese said.
The companies she has named include American technology giant Palantir, which has issued a statement to Sky News.
It said it is “not true” that Palantir “is the (or a) developer of the ‘Gospel’ – the AI-assisted targeting software allegedly used by the IDF in Gaza, and that we are involved with the ‘Lavender’ database used by the IDF for targeting cross-referencing”.
“Both capabilities are independent of and pre-ate Palantir’s announced partnership with the Israeli Defence Ministry,” the statement added.
At least 104 people have died in the flash floods that have left a trail of destruction across Texas.
Kerr County Sheriff’s Office said the number of bodies found in the area had risen from 75 to 84 – including 56 adults and 28 children.
The have been seven fatalities in Travis County, six in Kendall County, four in Burnet County, two in Williamson County and one in Tom Green County.
Earlier, White House press secretary Karoline Leavitt warned that “the situation on the ground remains dangerous” and that there “could be additional public safety threats with additional incoming heavy rain”.
Image: A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images
The floods that first struck on Friday have wreaked havoc and left people in a state of grief – with 27 of the confirmed deaths having taken place at a girls’ summer camp in Kerr County.
Among those killed at Camp Mystic were Renee Smajstrla and Sarah Marsh, both eight, Eloise Peck and Lila Bonner, both nine,and the camp’s director Richard Eastland.
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A photo has now emerged showing the inside of the camp on Saturday after the waters hit.
At least 41 people are still missing in the state – including 10 girls from Camp Mystic.
Image: Renee Smajstrla, eight, died in the flash floods at Camp Mystic, Texas. Pic: Family handout
Image: Sarah Marsh, eight, died in the flash floods at Camp Mystic, Texas. Pic: Family handout
In her news conference, Ms Leavitt criticised people who have claimed the Trump administration’s cuts to the National Weather Service (NWS) have played a role in the worsening the disaster.
It comes after Texas officials criticised the NWS by claiming it failed to warn the public about the impending danger.
Meanwhile, Senate Democratic Leader Chuck Schumer asked the Department of Commerce’s acting inspector general on Monday to probe whether staffing vacancies at the NWS’s San Antonio office contributed to “delays, gaps, or diminished accuracy” in forecasting the flooding.
The NWS did not immediately respond to a request for comment on Mr Schumer’s letter, but earlier defended its forecasting and emergency management.
Image: Flooding near Kerville, Texas. Pic: US Coast Guard/AP
Ms Leavitt has told reporters that claims Mr Trump was responsible for any issues related to the flash floods response were “depraved and despicable”.
“It is not [a political game], it is a national tragedy,” she said.
The press secretary also claimed, in relation to some NWS offices being reportedly understaffed, that one place actually had “too many people”.
“Any person who has deliberately lied about the facts around the catastrophic event, you should be deeply ashamed,” she said.
Image: Rescuers at Camp Mystic along the Guadalupe River in Texas after a flash flood swept through the area. Pic: AP
Image: Members from Texas Game Wardens of the Law Enforcement Division works following flash flooding, in Kerrville, Texas. Pic: Reuters
She also said that Mr Trump was going to visit Texas “later in the week”.
Previously, Mr Trump said it was likely he would visit on Friday.
Image: Car is wedged in the ground following deadly floods in Texas
Image: Karoline Leavitt in the press briefing room
Texas Senator Ted Cruz spoke at a news conference and said: “Texas is grieving right now, the pain, the shock of what has transpired these last few days has broken the heart of our state.
“Those numbers [the number of dead] are continuing to go up… that’s every parent’s nightmare, every mum and dad.”
Image: A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images
Image: Damaged vehicles and debris are seen roped off near the banks of the Guadalupe River after flooding in Ingram, Texas. Pic: AP
He said he had picked up his own daughter from a camp in the area last week.
Mr Cruz added: “You know what I’d do? What I did when this happened? Just go hug your kids.
“Because I’ve got to tell you, I hugged my girls with tears in my eyes.”
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Texas flooding: Aerial footage of rescues
Dalton Rice, the city manager of Kerrville in Kerr County, was asked whether evacuation warnings could have been issued earlier.
He said: “It’s very tough to make those calls because we also don’t want to cry wolf.
“You know, we want to make sure that we activated [it] at the right time.”
He added: “We had first responders getting swept away, responding to the first areas of rainfall. That’s how quick it happened.
“They were driving to these areas and one of them got swept off the road.”