Discretionarily Enhanced Sentences Based Upon Suspected Perjury at Trial

Citation data:

Fordham Urban Law Journal, Vol: 7, Issue: 2, Page: 441

Publication Year:
1979
Usage 199
Downloads 176
Abstract Views 23
Repository URL:
http://ir.lawnet.fordham.edu/ulj/vol7/iss2/9
Author(s):
Wetterer, Robert M.
Publisher(s):
FLASH: The Fordham Law Archive of Scholarship and History
Tags:
right to trial; perjury; sentencing guidelines; Criminal Law; Law
article description
A judge's discretion is a vital aspect of our judicial system. However, a judge must be cognizant of the impact that his decisions and his beliefs have upon a defendant's constitutional rights. This note addresses the concern of judges enhancing sentencing of defendants convicted of a crime because the judges feel that at trial, the defendant may have committed perjury. Ultimately, it is important that the defendant not be penalized without a proper trial or proceeding to determine whether or not perjury actually occurred. In doing so, rights are protected and justice is served.