5 ms·

But was he convicted of it? If not, shouldn’t be sentenced for it.

tshaddox 6y ago
It seems to me that, if a judge is able to choose a sentence among multiple possible sentences given a particular conviction, this by definition means that the information the judge uses to make that decision comes from things other than what the person was convicted of.
- ghkbrew 6y ago
  I disagree. Leeway in sentencing is to allow the court to better match the severity of punishment to the severity of crime when someone is convicted of crime which can cover a wide variety of behavior. Not to punish someone for crimes they weren't convicted of.
  - jjeaff 6y ago
    Severity of drug crimes tend to have to do with volume (Ross' was vast) and also things like whether weapons or violence was involved. You don't have to be convicted of attempted murder for hire to have evidence that you were attempting to commit murder for hire in your drug case. The judge can surely use evidence presented in the case to decide severity.
    - baumandm 6y ago
      Not according to the US Constitution: > The Sixth Amendment to the United States Constitution prohibits increasing the maximum authorized sentence for an offense based on a fact not found by a jury.[1] You're arguing the judge can essentially ignore the jury's findings on the case, which is the same as not having a jury. And in this case, the prosecution didn't even bring an indictment for that particular crime. Allowing a judge to both decide which crimes were committed and who is guilty of committing them is not a great idea. [1] https://en.wikipedia.org/wiki/United_States_constitutional_sentencing_law#Facts_not_found_by_a_jury https://en.wikipedia.org/wiki/United_States_constitutional_s...
      - jjeaff 6y ago
        Did the judge increase the maximum authorized sentence? I don't think so. She gave the maximum allowable sentence. Was the detail of Albricht trying to hire someone to murder someone else not brought up in the case at all? You don't have to be charged with attempted murder for that evidence to come up in your drug dealer trial.

It seems to me that, if a judge is able to choose a sentence among multiple possible sentences given a particular conviction, this by definition means that the information the judge uses to make that decision comes from things other than what the person was convicted of.

ghkbrew 6y ago
I disagree. Leeway in sentencing is to allow the court to better match the severity of punishment to the severity of crime when someone is convicted of crime which can cover a wide variety of behavior. Not to punish someone for crimes they weren't convicted of.
- jjeaff 6y ago
  Severity of drug crimes tend to have to do with volume (Ross' was vast) and also things like whether weapons or violence was involved. You don't have to be convicted of attempted murder for hire to have evidence that you were attempting to commit murder for hire in your drug case. The judge can surely use evidence presented in the case to decide severity.
  - baumandm 6y ago
    Not according to the US Constitution: > The Sixth Amendment to the United States Constitution prohibits increasing the maximum authorized sentence for an offense based on a fact not found by a jury.[1] You're arguing the judge can essentially ignore the jury's findings on the case, which is the same as not having a jury. And in this case, the prosecution didn't even bring an indictment for that particular crime. Allowing a judge to both decide which crimes were committed and who is guilty of committing them is not a great idea. [1] https://en.wikipedia.org/wiki/United_States_constitutional_sentencing_law#Facts_not_found_by_a_jury https://en.wikipedia.org/wiki/United_States_constitutional_s...
    - jjeaff 6y ago
      Did the judge increase the maximum authorized sentence? I don't think so. She gave the maximum allowable sentence. Was the detail of Albricht trying to hire someone to murder someone else not brought up in the case at all? You don't have to be charged with attempted murder for that evidence to come up in your drug dealer trial.