4 ms·
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
by mchannon 8y 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 8y agoRealistically, 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 8y agoNo, I would actually have been more okay with a sentence. It might have been a little more straightforward.
- tptacek 8y agoThat'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".