When a defendant has never been charged or convicted of a sexual assault, can other criminal conduct be considered in the sentencing process?
MultiRegion, United States of America
The following excerpt is from U.S. v. Miller, 588 F.2d 1256 (9th Cir. 1978):
"We do not desire to transform the sentencing process into a second trial, and we believe that other criminal conduct may properly be considered, even though the defendant was never charged with it or convicted of it. Its relevance to the problem before the judge, 'what sort of person is this defendant, and what sort of sentence should she receive?' is apparent." United States v. Weston, supra, 448 F.2d at 633.
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