What does a TRUMP presidency look like?

[The Minsky Moment]

For a Class E felony in the New York, the minimum sentence is one year in prison. However, the Court has the discretion to impose a probationary sentence or conditional release, but only on a finding that that a jail sentence "is or may not be necessary for the protection of the public" and "is not inconsistent with the ends of justice", after taking into account " the nature and circumstances of the crime and to the history, character and condition of the defendant."

Thus, consideration of the "history, character and condition" of the defendant is a regular and essential part of the sentencing process, and in both state and federal systems, there is a probation office or department that conducts interviews and prepares a presentence report that addresses those issues.

In NY, the scope of pre-sentence report is specified by Criminal Procedure Law 390.30: ". The pre-sentence investigation consists of the gathering of information with respect to the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, and the defendant's social history, employment history, family situation, economic status, education, and personal habits. Such investigation may also include any other matter which the agency conducting the investigation deems relevant to the question of sentence, and must include any matter the court directs to be included."

Sentencing factors do not need to be proven at trial if they are discretionary and not mandatory (which is why the mandatory sentencing guidelines were struck down but still continue as advisory) and as long as the sentence stays withing the prescribed minimum or maximum term by statute.

[Zanza]

That investigation will be tough as there is an extreme amount of material and very different views on his character.

He is surely the person with the most written about him in the last decade.

[Barrister]

For a Class E felony in the New York, the minimum sentence is one year in prison. However, the Court has the discretion to impose a probationary sentence or conditional release, but only on a finding that that a jail sentence "is or may not be necessary for the protection of the public" and "is not inconsistent with the ends of justice", after taking into account " the nature and circumstances of the crime and to the history, character and condition of the defendant."

Thus, consideration of the "history, character and condition" of the defendant is a regular and essential part of the sentencing process, and in both state and federal systems, there is a probation office or department that conducts interviews and prepares a presentence report that addresses those issues.

In NY, the scope of pre-sentence report is specified by Criminal Procedure Law 390.30: ". The pre-sentence investigation consists of the gathering of information with respect to the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, and the defendant's social history, employment history, family situation, economic status, education, and personal habits. Such investigation may also include any other matter which the agency conducting the investigation deems relevant to the question of sentence, and must include any matter the court directs to be included."

Sentencing factors do not need to be proven at trial if they are discretionary and not mandatory (which is why the mandatory sentencing guidelines were struck down but still continue as advisory) and as long as the sentence stays withing the prescribed minimum or maximum term by statute.

Sentencing factors do not need to be proven at trial - in fact many of them would be prohibited at trial as "bad character" evidence.  But if such factors are disputed by defence they still must be proven.  In my world most evidence on sentencing goes in by consent, but forcing the prosecution to prove each and every aggravating factor is certainly possible.

My big question though is even if Trump can be sentenced prior to the election - how likely is an appeals court to stay the sentence pending the inevitable appeal?

[Admiral Yi]

I'm curious how probation is going to play out, especially if he's president.

[HVC]

I'm curious how probation is going to play out, especially if he's president.

Can people on probation leave the state?

[Jacob]

Trump's vengeance rampage is going to be massive if he wins.

[Josquius]

Ah trump.
"if they can do this to me they can do this to anyone".
Yes.
That's the system working as designed.

[The Brain]

Do we know how voters respond to the verdict yet? Is it improving his chances?

[Josephus]

Do we know how voters respond to the verdict yet? Is it improving his chances?

Not hurting them anyway

[crazy canuck]

Do we know how voters respond to the verdict yet? Is it improving his chances?

Here is one acedote in the NYTimes

My sister, Peggy, said she couldn't sleep all night.

"You decided you can't vote for a felon?" I asked.

"I wasn't going to vote for Trump," she said. "But now I am because I thought this whole thing was a sham."

She tried to donate $100 to the Trump campaign, but so many people were contributing, she said, the site crashed. The campaign said it raised $52.8 million in the first 24 hours after the verdict on the Republican fund-raising platform.

[Maladict]

People

[Josquius]

Hopefully this is an example of the typical sort of thing you see online of Mr A. Bitler saying "I've been a sensible moderate left wing voter all my life but since they did this thing which is totally normal I now hate all minorities and will vote for the nazis and am dedicated to their cause."

[Habbaku]

"I have never supported him, but since the Democrats have decided to weaponize the courts against Trump, I have no choice but to vote for him a third time."

[Barrister]

So talked to my dad today - he wanted to call my kid (his grandson) on his birthday which is very understandable.

Beyond that though, I asked him how he was doing, how his day is going - and he brings up Trump.  How it is terrible how he is being treated.  May I remind you that we both live in Canada, not the US.

This is a fairly recent phenomenon (the whole Trump thing) so while I usually try to change topics, today I'm like "well here's the case - what exactly was false about it"?  So he couldn't deny any of the facts, but ultimately it was "well if he wasn't a Republican he wouldn't have been charged in the first place".

Again - may I comment that we are Canadians?  And look, I have strong opinions on US politics, but I think I always say it's about my "all-important non-citizen non-vote", aka who the fuck cares what I think.

[Valmy]

It's true. 100% of every person who was ever charged with a crime in the history of the United States was a Republican.

The Republicans are one of the most powerful political machines on the planet. They have thousands of judges, hundreds of local governments, and dozens of states in their pockets and this dumbass believes they are some kind of persecuted minority. It is insane,

Sorry, I know it is your Dad but I am so tired of this "Help, I am a victim!" shit. Why not get a decent fucking lawyer for change or hell charge Democratic politicians who have committed crimes, you would be doing our party a favor.