To Enhance or Not to Enhance: A Guide to Uniformity in Applying Perjury Enhancements under Section 3C1.1 of the United States Sentencing Guidelines: United States v. Dunnigan
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Authors
Kelley, Kevin J.
Issue Date
1994
Volume
27
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|United States Sentencing Guidelines ("Guidelines") section 3C1.1 provides for the enhancement of a defendant's sentence if it is determined that the defendant has obstructed or impeded the administration of justice by committing perjury ("perjury enhancement"). The inconsistent application of the perjury enhancement is partly attributable to the failure of the United States Sentencing Commission to provide within the Guidelines specific guidance to the courts. Additionally, courts have inconsistently applied the perjury enhancement because of the potential burden the enhancement imposes on a defendant's right to testify. The perjury enhancement potentially burdens the defendant's right to testify because the possibility exists that a defendant who testifies on her own behalf may be given the perjury enhancement if subsequently found guilty. In light of the sentence enhancement, the defendant might decide that testifying is not worth the risk...
Description
Citation
27 Creighton L. Rev. 585 (1993-1994)
Publisher
Creighton University School of Law