4 ms·

This is absolutely a problem. America has a system which incites prosecutors to "win" in court rather than actually trying to serve justice, because that is ho

by mises 7y ago

This is absolutely a problem. America has a system which incites prosecutors to "win" in court rather than actually trying to serve justice, because that is how they advance. Plea bargains are a perverse way to keep this up. Plea bargain here: https://www.documentcloud.org/documents/5972658-Marcus-Hutchins-plea-agreement.html https://www.documentcloud.org/documents/5972658-Marcus-Hutch... From the deal: "The government agrees to make no recommendation regarding the ultimate sentence to be imposed; however, the government remains free to take a position with respect to any fact or factor pertinent to the sentencing decision consistent with this agreement and to advise the court that the government's failure to make a sentencing recommendation should not be construed as a recommendation for leniency or severity." The guy got screwed.

tptacek 7y ago
What is it that you think that quote means? That's boilerplate language. The plea agreement is in fact very detailed and precise about the sentencing range Hutchins faces (it's relatively low).
- mchannon 7y ago
  Prosecutors sometimes offer 11(c)(1)(C) plea agreements, where the sentence is defined exactly and the judge can only agree or refuse. This was definitely not that. It is the very opposite of precise. The PSR will be generated, and the judge will decide on the sentence, ranging from deportation without incarceration to 5 years. If your doctor told you you had 0-5 years left to live, inclusive, you wouldn’t call that detailed and precise, would you?
  - stordoff 7y ago
    Realistically, can they avoid criticism here? They offer a sentence -> they're only offering a high sentence/they are forcing him to accept a longer sentence. They don't offer him a sentence -> they should have offered him a sentence.
    - mises 7y ago
      No, I would actually have been more okay with a sentence. It might have been a little more straightforward.
      - tptacek 7y ago
        That's not how this works. The prosecution and the defendant can agree to about what they'll ask for, but it's ultimately up to the judge to sentence. Prosecutors can't "offer him a sentence".
        mchannon 7y ago
        Yes they can. It’s called an 11(c)(1)(C) plea agreement. Most don’t or won’t.
        tptacek 7y ago
        The judge still has to agree to a C plea. And, as you mention, they're rare.

by mises 7y ago

tptacek 7y ago

What is it that you think that quote means? That's boilerplate language. The plea agreement is in fact very detailed and precise about the sentencing range Hutchins faces (it's relatively low).

mchannon 7y ago
Prosecutors sometimes offer 11(c)(1)(C) plea agreements, where the sentence is defined exactly and the judge can only agree or refuse. This was definitely not that. It is the very opposite of precise. The PSR will be generated, and the judge will decide on the sentence, ranging from deportation without incarceration to 5 years. If your doctor told you you had 0-5 years left to live, inclusive, you wouldn’t call that detailed and precise, would you?
- stordoff 7y ago
  Realistically, can they avoid criticism here? They offer a sentence -> they're only offering a high sentence/they are forcing him to accept a longer sentence. They don't offer him a sentence -> they should have offered him a sentence.
  - mises 7y ago
    No, I would actually have been more okay with a sentence. It might have been a little more straightforward.
    - tptacek 7y ago
      That's not how this works. The prosecution and the defendant can agree to about what they'll ask for, but it's ultimately up to the judge to sentence. Prosecutors can't "offer him a sentence".
      - mchannon 7y ago
        Yes they can. It’s called an 11(c)(1)(C) plea agreement. Most don’t or won’t.
        tptacek 7y ago
        The judge still has to agree to a C plea. And, as you mention, they're rare.