Discretionarily Enhanced Sentences Based Upon Suspected Perjury at Trial

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

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Wetterer, Robert M.
FLASH: The Fordham Law Archive of Scholarship and History
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.