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  • Sentencing considerations.

    From micky@21:1/5 to All on Fri Jun 30 21:23:30 2023
    Between conviction and sentencing, is the judge allowed to ask questions directly to the defendant, and to consider any answers he might get when determining the sentence?

    Does the prosecution provide any bad things about the def. in order to
    negate any of the good things the defense provides? Or even to make a
    sentence harsher? Are "bad things" limited crimes for which someone
    was convicted, or can lesser bad things be considered also?

    Can the judge take judicial notice from things he read in the newspaper
    or does evry thing have to come from the proecution and defense.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
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  • From Daniel M@21:1/5 to micky on Mon Jul 3 14:56:21 2023
    On Friday, June 30, 2023 at 9:23:34 PM UTC-7, micky wrote:
    Between conviction and sentencing, is the judge allowed to ask questions directly to the defendant, and to consider any answers he might get when determining the sentence?

    Does the prosecution provide any bad things about the def. in order to
    negate any of the good things the defense provides? Or even to make a sentence harsher? Are "bad things" limited crimes for which someone
    was convicted, or can lesser bad things be considered also?

    Can the judge take judicial notice from things he read in the newspaper
    or does evry thing have to come from the proecution and defense.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    Anything which could have been brought up in trial in defense against conviction can be brought up in a sentencing hearing.
    This is an especially useful tool after a guilty plea has been extorted or after the trial conviction has been fabricated.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Daniel M on Mon Jul 3 22:22:14 2023
    On 7/3/2023 2:56 PM, Daniel M wrote:
    Anything which could have been brought up in trial in defense against conviction can be brought up in a sentencing hearing. This is an especially useful tool after a guilty plea has been extorted or after the trial conviction has been fabricated.

    The first part of that last sentence makes sense. The second part? What
    does it mean to "fabricate" a conviction?

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)