Judge Rudy Contreras said it wasn't tough to imagine former President Donald Trump issuing what a Jan. 6 defendant referred to as another “call to battle."
If they don’t follow the guidelines then the sentence will just be appealed and replaced with one that does. Sentencing guidelines are about trying to remove biases like race in the sentencing process.
As for remorse, yes, that is one part of the guidelines that is left up to the judge to determine. Again however, the Judge doesn’t just get to decide how much to reduce the sentence, the requirements for reduction are specified in the guidelines.
For instance:
Acceptance of Responsibility
3E1.1(a)
(a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.
and yet it’s the judge’s determination if that’s true or clear. There are other subjective qualifies that a judge could use to wiggle.
you’re right they can’t just slap a life sentence onto something that would ordinarily call for five years. But they can adjust things. Too much of this has been in the insurrectionist favor where others would be absolutely wrecked by the courts. So clearly, their bias is showing.
“Guidelines”;
They do have some wiggle room. Like “oh you feel remorseful so I’m going to knock time off”
If they don’t follow the guidelines then the sentence will just be appealed and replaced with one that does. Sentencing guidelines are about trying to remove biases like race in the sentencing process.
As for remorse, yes, that is one part of the guidelines that is left up to the judge to determine. Again however, the Judge doesn’t just get to decide how much to reduce the sentence, the requirements for reduction are specified in the guidelines.
For instance:
and yet it’s the judge’s determination if that’s true or clear. There are other subjective qualifies that a judge could use to wiggle.
you’re right they can’t just slap a life sentence onto something that would ordinarily call for five years. But they can adjust things. Too much of this has been in the insurrectionist favor where others would be absolutely wrecked by the courts. So clearly, their bias is showing.