3 ms·
It has to do with the way that sentences are enhanced after a conviction. Probation officers are assigned to research the "facts" of a case after a conviction
by Fjolsvith 11y ago
It has to do with the way that sentences are enhanced after a conviction. Probation officers are assigned to research the "facts" of a case after a conviction and write a Presentencing Report for the judge.
Federal sentence ranges are computed using a grid system. Different "facts" adjust the row or column of the eventual range of months a judge legally has to sentence a person within. Probation officers can be extremely thorough and throw in all kinds of things, or can omit things in the sentence computation.
If a person makes a plea agreement with the Prosecutor, they are essentially saying that such and such facts are relevant and these other ones don't apply to the sentence. If there are any possible enhancements not nailed down in the agreement, the Probation Officer can come in and say these are relevant and surprise! Your 5 year plea just became a 15 year sentence.
(edit) Also, multiple convictions for crimes typically have the sentences run consecutively.
- mikeash 11y agoIn short, the facts on which you're convicted may be completely different from the facts on which you're sentenced? Sounds like a rather blatant end run around the whole "beyond a reasonable doubt" thing.
- Fjolsvith 11y agoCorrect. Federal supervision officers have a great deal of discretion when writing their reports. They can take information that has never been shown to the judge and use it to enhance the sentence guidelines that the judge has to follow. Besides, the reasonable doubt part only applies to a conviction.