Prohibiting Punishment of Acquitted Conduct Act of 2021

Floor Speech

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Mr. ARMSTRONG. Mr. Speaker, I rise today in support of the Prohibiting Punishment of Acquitted Conduct Act. I thank Mr. Cohen for introducing this important legislation.

Mr. Speaker, due process is more than an ideal. It is a fundamental right enshrined in our law. The Constitution confirms that right and explicitly ensures procedural fairness to those accused and convicted of crimes. Yet, the criminal justice system often grants judges with discretion to increase the length and severity of punishment based on conduct for which an individual was proven not guilty.

We can all agree that holding criminals accountable is essential to law and order. However, sentencing based on acquitted conduct is an affront to all Americans' constitutional rights. The Prohibiting Punishment of Acquitted Conduct Act will bring an end to this unfair practice.

This bipartisan, bicameral legislation bars judges from considering an individual's acquitted conduct during sentencing, except for purposes of mitigating a sentence.

This bill is a crucial step toward restoring some fairness in our criminal justice system and commands a broad coalition of support, including Senate Judiciary Committee Chairman Dick Durbin, the ACLU, Americans for Prosperity, and the American Conservative Union.

I thank both Chairman Nadler and Ranking Member Jordan for moving this bill through the Judiciary Committee.

One last thing: Judges have a range of sentences in the sentencing guidelines. Prosecutors, after conviction, make recommendations. There is a pretrial sentencing report. Again, the sentencing can vary very highly up and down in that vein. There is absolutely no reason, in the interest of justice or fairness, where acquitted conduct needs to be used in sentencing offenders.

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