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.
Robert M. Wetterer,
Discretionarily Enhanced Sentences Based Upon Suspected Perjury at Trial ,
7 Fordham Urb. L.J. 441
Available at: http://ir.lawnet.fordham.edu/ulj/vol7/iss2/9