UNITED-STATES V WATTS - UNANSWERED QUESTIONS, ACQUITTAL ENHANCEMENTS,AND THE FUTURE OF DUE-PROCESS AND THE AMERICAN CRIMINAL JURY

Acquittal enhancements occur when the government charges a defendant w ith committing a crime, the jury acquits the defendant of such a charg e, yet subsequently the defendant's acquitted conduct forms the basis of a sentence enhancement. In United States v. Watts, the Supreme Cour t upheld acquittal enhancements over a constitutional challenge based on double, jeopardy. Moreover, the Court upheld acquittal enhancements without receiving full briefing or hearing oral argument. In this not e, Matthew Shors challenges the Court's decision to decide the case in such a relatively cursory fashion. Mr. Shors suggests a narrow readin g of the majority opinion and argues that Watts does not foreclose cha llenges based on due process and the right to a jury trial. He argues that acquittal enhancements violate due process when proved by a mere preponderance of evidence. Finally, Mr. Shors argues that acquittal en hancements distort the complexity of compromise guilty verdicts, ignor e the presence of holdout jurors, circumvent the jury's decision to ac quit, and thwart the exercise of legitimate jury nullification. As a r esult, acquittal enhancements unconstitutionally impinge on the jury's power and the defendant's right to a jury trial.