What is the scope of a sentence review board's consideration for a charge of sexual assault where the victim was a police officer?
MultiRegion, United States of America
The following excerpt is from Muxen v. Ducharme, 993 F.2d 883 (9th Cir. 1993):
In setting terms of imprisonment, the sentence review board is not limited to considering elements of the offense. It may consider other relevant matters not proved beyond a reasonable doubt at trial, including the fact that the victim was a police officer. See McMillan v. Pennsylvania, 477 U.S. 79, 85 (1985).
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