Monday, August 12, 2024

The Double Standard of Trump's N.Y. Sentencing on Sept. 12

Many people sentenced in New York State do not have the same options Trump does. They have only one option ~ Prison

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Sorry that page is no longer available, but I was able to grab some of the text. I hope you have time to read it because it will save a lot of questions when Trump is sentenced on Sept. 18th.

Former President Donald Trump now stands to be sentenced on September 18 on 34 felony counts of falsifying business records to aid his position in the 2016 presidential race.

Trump's court case
In order to decide upon a sentence, judges need flexibility and a variety of options to deal with the particular defendant and particular survivors in front of them.

How the judge could rule
The judge could sentence Trump to prison for up to four years, but he does not have to. Other options include community-based sentences during which Trump would be at liberty"including probation, during which Trump would be supervised by a probation officer, or conditional discharge, during which he would not. If given either probation or conditional discharge, he must follow conditions set by a judge, which could include reparation or restitution, public service, or "avoid[ing] injurious and vicious habits" (perhaps like accessing certain social media platforms). The judge's task is to choose from these various sentencing options, or even create a combination of them, to craft a sentence that will do its best to demonstrate accountability and reduce the likelihood that Trump will reoffend.


#1 | Posted by Twinpac at 2024-08-09 06:46 PM

More from the article:

In order to decide upon a sentence, judges need flexibility and a variety of options to deal with the particular defendant and particular survivors in front of them.

Trump's case illustrates that well. His case practically screams that judges need to examine the facts of the case and the defendant before them. He is a very particular defendant"the current presidential candidate of a major political party and a former president, a person with no prior criminal convictions but with civil judgments in related cases, and a history of noncompliance with previous court orders. Those impacted are also unusual"not one person, but the residents of New York, who the jury found Trump deceived by falsifying business records to aid his image during an election.

The judge must consider many things: What actions could Trump take to make it up to these deceived residents? Is that even possible? And are there things the judge could do to make it less likely that Trump will commit a similar offense again? Those could range from more restorative options, like counseling, to "specific deterrence," in which the sentence is so onerous that Trump would think twice before doing it again.

#2 | Posted by Twinpac at 2024-08-09 06:56 PM

The headline's link is now: 404 Page not found


Here's a link to the page that is working now...

www.vera.org

#3 | Posted by LampLighter at 2024-08-09 07:00 PM

Interesting discussion in the article.

Some background...

Judge Delays Trump's Sentencing Until Sept. 18 After Immunity Claim
www.nytimes.com

... The judge in Donald J. Trump's Manhattan criminal case delayed his sentencing until Sept. 18 to weigh whether a new U.S. Supreme Court ruling might imperil the former president's conviction, the judge said Tuesday in a letter to prosecutors and defense lawyers.

The judge, Juan M. Merchan, may ultimately find no basis to overturn the jury's verdict, but the delay was a surprising turn of events in a case that had led to the first conviction of an American president. With the election on the horizon, the sentencing might be the only moment of criminal accountability for the twice-impeached and four-time-indicted former president whose other cases are mired in delay.

Mr. Trump, who was convicted of falsifying business records related to his cover-up of a sex scandal during his 2016 presidential campaign, was initially scheduled to be sentenced on July 11, just days before he is to be formally nominated for president at the Republican National Convention. He faces up to four years in prison, though he could receive as little as a few weeks in jail, or probation. ...



So far, from what I have seen (and in my non-legal point of view), Judge Merchan has been giving fmr Pres Trump a fair trial. Even bending over backwards to give the irascible fmr Pres Trump probably more leeway than he deserved for his reactions and disruption attempts.



#4 | Posted by LampLighter at 2024-08-09 07:07 PM

"in which the sentence is so onerous that Trump would think twice before doing it again."

Yeah, sure. How about 10 years with no possibility of parole? That should be just about right.

#5 | Posted by Twinpac at 2024-08-09 07:09 PM

LAMP

Falsifying business records isn't the crime of the century, so in spite of Trump's violations of the gag orders which should be added to the sentencing, my guess is he's going to appeal the verdict, not the sentencing. That will put everything on a long hold until after the election.

#6 | Posted by Twinpac at 2024-08-10 05:04 PM

@#6 ... my guess is he's going to appeal the verdict, not the sentencing. That will put everything on a long hold until after the election. ...

I do not disagree.

Specifically regarding the delay part.

A couple of questions / observations. ...

1) I agree that he will appeal, that's been his focus to delay, delay.

2) OK, ifhe manages to delay this case until after the election, it is a NY State case, not a Federal case, so it would likely continue after the election?

Missing Persons - Destination Unknown (1982)
www.youtube.com

Lyrics excerpt...

https://genius.com/Missing-persons-destination-unknown-lyrics

...
Life is so strange when you don't know
How can you tell where you're going to?
You can't be sure of any situation
Something could change, and then you won't know
...



(if you haven't noticed, I'm in 80's playlists mode this evening....)

#7 | Posted by LampLighter at 2024-08-12 04:13 AM

The Judge should really punish Donnie the Ear by sentencing him to being 8 or 10 points down in the Polls... oh, wait.

Never mind.

#8 | Posted by Corky at 2024-08-12 04:29 PM

LAMP

"2) OK, if he manages to delay this case until after the election, it is a NY State case, not a Federal case, so it would likely continue after the election?

If he loses, yes of course.

If he wins, that is a conundrum. I don't know. We're in uncharted territory.

#9 | Posted by Twinpac at 2024-08-12 04:48 PM

No one has ever gone to jail for what they wrote in the memo field of a check. Nor should they.

#10 | Posted by visitor_ at 2024-08-12 05:15 PM

Just to prepare ourselves for any disappoint we may suffer as the result of Judge Merchan's decision, the last segment of the article is a must read:

Everyone deserves the same chance as Trump

To give more people facing sentences the options that Trump has, New York should pass the Ending Mandatory Minimums Act. This legislation would not take prison off the table entirely for the offenses that now require it; it simply would not mandate it.

With the passage of the Ending Mandatory Minimums Act, judges would be able to make their determinations based on the same factors that Trump's judge will, including whether prison is necessary for the protection of others and what sentence fits the interests of justice. Some people facing mandatory minimums would, no doubt, still be sentenced to prison, as Trump himself may or may not be. But by removing the certainty of prison in each instance, New York would take an important step toward treating people going through the justice system with fairness and equity"and New Yorkers would be the better for it.


#11 | Posted by Twinpac at 2024-08-12 06:27 PM

I have to question if what's good for the State of New York is more important than what's good for the country . . . of, better yet, what would be a benefit to the world who is watching the trials and tribulations of Donald Trump closely in fear for themselves.

#12 | Posted by Twinpac at 2024-08-12 06:40 PM

No one has ever gone to jail for what they wrote in the memo field of a check. Nor should they.

#10 | Posted by visitor_

Nor are they now.

#13 | Posted by SpeakSoftly at 2024-08-12 06:45 PM

VISITOR @ #10

Minimize much? LOL

#14 | Posted by Twinpac at 2024-08-12 07:04 PM

Trump should be thankful he's going to prison this time.

#15 | Posted by Tor at 2024-08-12 07:16 PM

"Trump should be thankful he's going to prison this time."

I wouldn't count on that, TOR. Since Trump doesn't have any prior felony conviction in the State of New York, the Mandatory Minimum of 4 months will not apply to him.

Plus he still has the option of appealing the verdict to delay the sentencing if that's the way his attorneys plan to go. Even if they don't, the judge has to consider the fact that a prison sentence would be election interference. Somehow I get the feeling that Judge Merchan wouldn't go that far.
.

#16 | Posted by Twinpac at 2024-08-13 01:52 AM

Remand him to custody while he appeals the verdict. He can appeal from prison.

#17 | Posted by chuffy at 2024-08-13 06:10 AM

Let's not forget that DJT tampered with witnesses, and continues to do so. He violated his gag order at least ten times. He was disrespectful throughout the trial, often sleeping or making outbursts that were visible to the jury.

He earned the harshest sentence, by any standard.

#18 | Posted by chuffy at 2024-08-13 06:23 AM

CHUFFY @ #17

"Remand him to custody while he appeals the verdict."

He'd have to be a flight risk or a danger to the community . . . or himself . . . before Judge Merchan could remand him.

As much as we'd all enjoy the TV coverage, it ain't gonna happen.

Re the gag orders (I think there were 11 violation) I recall Judge Merchan saying that he would handle that during the sentencing. At $5,000 per that would be a $55,000 fine which is separate from the other verdict and probably not subject to appeal.

Blame it on the election but I don't think we're going to be happy with Judge Merchan's decision. I suppose the Judge could set some strict probation rules with a jail sentence hanging over Trump's head. We all know Trump has no respect for rules, so he could still end up in jail after he loses the election, especially if one of the rules is he can't talk about the case not even in the abstract.

#19 | Posted by Twinpac at 2024-08-13 06:30 PM

Trump's campaign just announced that they're going to spend a hundred million dollars on ad in three swing states. That made me wonder if Trump is substituting TV ads in lieu of rallies.

There's still something fishy about Trump staying house-bound while Kamila is eating his lunch all over the country. The Harris campaign is claiming now that even North Carolina is in play.

#20 | Posted by Twinpac at 2024-08-13 06:46 PM

The Harris campaign is claiming now that even North Carolina is in play.

As a resident I don't see it, but they are welcome to give it a shot. The best bet for flipping NC would be for Kamala to send Walz in for our state fair which is like a week before the election.

Walz rocks a state fair and we love our state fair it would be redneck catnip (also known as Natty light)

#21 | Posted by TaoWarrior at 2024-08-13 07:17 PM

"Plus he still has the option of appealing the verdict to delay the sentencing if that's the way his attorneys plan to go."

He cannot appeal until after the sentencing. Or he would have already. He can delay serving the sentence while it is being appealed. And of course he will. If he doesn't stroke out first.

#22 | Posted by donnerboy at 2024-08-13 07:34 PM

DONNER

I'd have to study on that. But it does seem to me that there can't be a sentencing until after the appeal of the verdict is settled and his attorney still has time to go that route if that's the plan. I just remember hearing Trump's attorney talking about their plan to appeal the verdict, not the sentence.

"They would have done it by now."

Not necessarily. Waiting until the last minute to file an appeal is the same thing as buying time, which is what Trump needs to beat the clock 'til November 5.

#23 | Posted by Twinpac at 2024-08-13 08:01 PM

TAO @ #21

Has somebody really important and respected in North Carolina endorsed Harris recently?

#24 | Posted by Twinpac at 2024-08-13 08:08 PM

TWINPAC:

You mean like this?

"If something happens with this election, which would be a horror show, we'll meet the next time in Venezuela, because it'll be a far safer place to meet than our country," Trump said to Musk. "OK, so we'll go. You and I will go, and we'll have a meeting and dinner in Venezuela."

#25 | Posted by chuffy at 2024-08-13 08:29 PM

I know it's unlikely that Merchan will sentence DJT to jail time, but any other convicted felon would already be in jail. Drumpfty gets special treatment because he's a star, they let him do it. Grab 'em by the judge's robes...

#26 | Posted by chuffy at 2024-08-13 08:38 PM

CHUFFY

"Drumpfty gets special treatment"

I don't get the impression Judge Merchan can be swayed by stardom. But if you read the article, you'd understand why the Judge's decision may be a disappointment. And may even appear too lenient considering how anxious we are to see Trump behind bars.

I hope the Judge can come up with a work-around sentence to avoid a charge of election interference. The fact that Trump is a presidential candidate is probably the only thing that prevents Judge Merchan from teaching Trump the lesson he so richly deserves.

But not this time. Falsifying business records isn't the case. Be patient. When Trump loses the election Jack Smith, Alvin Brag, Fani Willis and Letitia James are waiting for him and that's when things will get serious.


#27 | Posted by Twinpac at 2024-08-14 05:53 AM

Twin

I am not a lawyer but I knew I read it somewhere.

And here is a quote from this recent article:

Judge Merchan rejects Trump's latest demand to step aside from hush money case
By " Michael R. Sisak, Associated Press
By " Jennifer Peltz, Associated Press
Politics Aug 14, 2024 10:23 AM EDT

"Trump has pledged to appeal. Legally, that cannot happen before a defendant is sentenced."

www.pbs.org

#28 | Posted by donnerboy at 2024-08-14 12:01 PM

DONNER

It does make some kind of sense that a verdict can't be appealed until the entire case has been officially adjudicated, including the sentencing. It just didn't make any sense to me that a court would go through the sentencing process if the verdict itself was under appeal.

I bow in respect to your superiority in this debate.

#29 | Posted by Twinpac at 2024-08-14 01:51 PM

I bow in respect to your superiority in this debate.

#29 | POSTED BY TWINPAC

lol

No

Not "superior". I just read a lot.

And I appreciate you! You always make great points. Just correcting a small one.

#30 | Posted by donnerboy at 2024-08-14 02:25 PM

DONNER

I do try to be a gentlelady when I'm wrong. I find that to be a strength of character rather than a weakness.

#31 | Posted by Twinpac at 2024-08-14 02:46 PM

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