Sentencing factors
From
micky@21:1/5 to
All on Fri May 26 06:59:30 2023
I often used to read that someone got a lesser sentence because his pre-sentencing report showed good things about him. He won a Purple
Heart or a Bronze Star in Korea. He volunteered at an ophanage or for
Big Brothers. He gave to charity??
Does it work the other way too? Can all the other bad things someone
has done be used to give a harsher sentence? He ran a "university" that
bilked people. He committed slander. Would it have to be crimes or
could other bad things count?
Could intentional torts count?
What about rudeness or violations of propriety that are not even a tort?
If it was a crime, would he have to be convicted, unanimously, beyond a reasonable doubt? Or would unanimously by a preponderance be enough. Or
would it be enough fof the judge to consider a well-sourced
pre-sentencing report even if no trial was every held, no jury verdict
was ever reached.
If war medals can be considered for good, can non-crimes be considered
for bad? He was a liar, a hate-monger (Mexico is not sending its best.
There are rapists....)
If he argues that he was a public servant as president, and that he
didn't even take a salary (all 4 years?), can it be pointed out how much
money he improperly or even not clearly properly made, getting govt.
officials on a trip to stay at his golf club in Scotland, or foreign
visitors to the White House to stay at his hotel in DC.
If he says he was a public servant, can they point out and the judge
consider that he avoided the draft and didn't serve in the army by
claiming to have bone spurs on his foot even though he doesn't have them
now and can't remember which foot it was and the doctor who said he did
was the family doctor and the father of the doctor who said he was the healthiest peron ever to run for president. (Kennedy was young but had
a bad back and Addison's disease. I doubt he was as healthy as Obama,
GWBush, or Clinton. AFAIK, they're still healthy years later. ) Can the
judge conclude he was lying about the bone spur?
What level of proof is required to be included in a pre-sentencing
report?
The examples are all about trump, but if not now, someday I'll have the
same questions in general.
--
I think you can tell, but just to be sure:
I am not a lawyer.
--- SoupGate-Win32 v1.05
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