Court-Martial Trial Practice Blog
When “Not Guilty” Still Costs You: Acquitted Conduct Sentencing in Military Court-Martial
Being found not guilty on a charge should mean something. But in both federal and military courts, a “not guilty” verdict on one count can still drive up the punishment on counts where the jury did convict you. This practice — called acquitted conduct sentencing — raises serious constitutional questions under the Fifth and Sixth Amendments, and the rules governing it just changed significantly. Here is what every service member facing court-martial needs to know.