•  
  •  
 

Cardozo Law Review

Abstract

According to the United States Federal Sentencing Guidelines (the "FSG"), a person convicted for handling drugs should not only be sentenced for the quantity seized but also for the total quantity handled as "part of the same course of conduct or common scheme or plan as the offense of conviction." Hence, judges, probation officers, and lawyers often need to estimate the total quantity of drugs handled. The evidence on which to base such an estimation, however, differs greatly in both characteristic and quality. The types of evidence could include: the quantity of drugs seized, information concerning quantities handled by other drug dealers, recorded telephone conversations, and testimony from expert witnesses and drug couriers. In some cases the estimate can be based on reliable information and assumptions, but often the estimates can be more accurately characterized as educated guesses. It is therefore not surprising that the estimation process is a controversial issue and is often the basis for a defendant's appeal.

Keywords

Burden of Proof, Jurisprudence, Proof, Legal Practice and Procedure, Sentencing and Punishment, Penology

Disciplines

Jurisprudence | Law

Included in

Jurisprudence Commons

Share

COinS