Found "Not Guilty" - Judge Decides Otherwise and Adds to Sentence - Appeal Rejected

[Jhhnn]

Very true. But that's the thing with sentencing. The judge can consider other factors either not admitted during trial or something a jury dismissed, but as long as the sentencing is within guidelines it does not matter how/why the judge picked the sentence.

- Merg

Sounds peachy, but the sentences imposed under the "finding of fact" grossly exceeded the guidelines for the crime the defendants were convicted of by the Jury. And therein lies the rub. What the actual maximum sentence is for that crime has not been established.

You'd have to follow the link to Scalia's dissent (posted earlier) to get some of the numbers.

 

[Smoblikat]

Do you know how many childrens lives are fucked up by drugs?

They were convicted of distributing drugs. And acquitted of conspiring to distribute drugs. That doesn't make much sense to me.

Don't do the crime if you can't do the time.
They were convicted of twenty drug sales. How many do you really think was completed over 10 years?

Please tell me how children tie into this. Or are you continuing the ever growing trend of using children to play on the emotions of people in order to guilt them into seeing your point as accurate? Otherwise, we are all just heartless monsters who dont care about "the children". Do you have ANY proof that the convicted had anything to do with selling drugs to minors?

 

[PokerGuy]

Sounds peachy, but the sentences imposed under the "finding of fact" grossly exceeded the guidelines for the crime the defendants were convicted of by the Jury. And therein lies the rub.

As long as the sentences fall within the allowable range of penalties for that particular infraction, regardless of the guidelines, the judge has complete discretion to impose the sentence based on other factors. I'm assuming that's why appeals were denied.

What the actual maximum sentence is for that crime has not been established.

You'd have to follow the link to Scalia's dissent (posted earlier) to get some of the numbers.

I have not looked at that information, but was the sentencing within the max allowed by the law? I know it was more than the guidelines, but was it within the max?

 

[Jhhnn]

As long as the sentences fall within the allowable range of penalties for that particular infraction, regardless of the guidelines, the judge has complete discretion to impose the sentence based on other factors. I'm assuming that's why appeals were denied.

I have not looked at that information, but was the sentencing within the max allowed by the law? I know it was more than the guidelines, but was it within the max?

Meh. I see it as a fundamental attack on the rightful power of Juries- not just to judge the case, but to judge the Law as well.

I also see it as grandstanding in pursuit of a failed drug war agenda, counter to policy & the interests of fairness. It serves Justice not at all, considering all the other offenders sentenced under existing guidelines. It's not like these guys were big time at all- they sold shit on the corner like God only knows how many other miscreants. Breaking the balls off of some at random doesn't deter the rest or slow the flow of drugs enough to be noticeable. For every guy on the corner, there's a dozen who covet that gig. It mostly feeds the Prison-Industrial Complex.

It's the RWA version of a Jobs Program.

 

[AznAnarchy99]

Eh, it was easier to get beer when I was in high school.

As with most things in P&N, the actual case is much more complex than "judge dredd says screw the jury."

Different for me. Back in high school I'd have to go find someone with an ID or that was 21 to go buy me alcohol. With pretty much any drug I could have had it delivered to my house if I wanted some.

 

[soundforbjt]

Today's kids are abusing prescription drugs more than illegal ones.

 

[master_shake_]

Following the pseudo-reasoning of our resident Righties & the drug warrior SCOTUS, the Judge could have found them guilty even if the Jury found them innocent of all charges.

Why bother with Juries at all?

For the illusion of justice.