- Nov 14, 2011
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You really have no idea what you're talking about. Sentencing is 100% within the jurisdiction of the court. A prosecutor can request or suggest a sentence, but the ultimate decision comes from the court; which can consider or ignore whatever the prosecution asks for.Wow okay, you’re clearly ignorant to this entire process. Whose there to argue against or for the defendant sentence? Sentencing is a part of the prosecutorial process. It’s a whooooole other part. It especially gets complicated when turning someone, how do you keep the sword of Damocles over them while still getting them to cooperate and get material info(not that the FBI or mueller actually care about anything material). What happens if any victims decide they want to appear at sentencing and give their testimony on what they think the judge should give. And of course the defense had to look out for their client in all of this arguing for the best sentence, the best deal, and make sure their client isn’t getting royally screwed over. And then the judge has to agree to it all. Why the fuck do you people think just make up law as you go? You didn’t see a sentencing hearing on SVU so I guess they’re just whatever you imagine them to be? This is what I’ve been saying, how does judge Sullivan continue to prosecute a case when both the prosecution and the defense agree to drop charges? Are you starting to understand how much of a circus this was. Who the fuck is judge Sullivan going to work a deal out with??? There is no prosecution? Flynn took a plea deal in turn for his cooperation. Sullivan wanted to place himself as the prosecution and I guess just lay out the terms of flynns cooperation with the non participating DOJ? He just wasn’t going to listen to anything Flynn’s attorney had to say on the sentencing? *Insert circus music*. Sentencing is like the 4th quarter of the game. And Sullivan as the ref decided he wanted to make Flynn continue to play by himself, and flag him for intentional grounding whenever he threw the ball because there was no receiver in the area, when the rest of both teams were already on the plane headed home. *insert circus music*.
A defendant can even cut a deal with prosecutors in exchange for a lesser sentence; but such a deal is not binding on the court. And while judges may typically consider any such deal upon sentencing, they can totally ignore the deal if they so choose.