Originally Posted by George Foster
My father is a prosecutor and he said he could lose his law license for saying something like this in public. Justice is suppose to be blind, you don't make examples out of people, it goes against everything the judicial system stands for. With this being said, Martha Stewart says HI! She got screwed as well.
Plaxico did something he was not suppose to do. Jail time...yes..in the county jail for 30-60 days. Not Prision for 2 years....NO WAY. Prision is for bad people, that have hurt other people, and had intent to hurt others. Plaxico does not fall into this catagory...not at all.
Mayor Bloomburg believes that the only people in New York that should have hand guns are the cops that protect him.
The moral of this story is don't live in New York.
Of course in this case, the mayor is not a lawyer, so he doesn't have a law license to lose. And what a prosecutor wants and what a judge gives with regard to sentences are entirely different things. The prosecutor may ask for the maximum or the minimum, or whatever. However, it is the discretion of the judge as far as what sentence is to be imposed. I've only been in the practice of criminal law for a few years and already I've seen cases where the prosecutor recommended probation only to have the defendant receive close to the maximum. Likewise, I've had the prosecutor make a big show about demanding the maximum penalty and the judge gave the guy probation.
One thing is for sure, I've rarely seen judges impose a sentence based on political pressure from non-judicial political officials. Most judges I know, when confronted with pressure by politicians outside the judicial system, are more likely to do the opposite when a mayor or police chief says what they want in the case. They take pride in their independence from the other branches of government. I'd be interested to hear what other attorneys here think, but I'm more inclined to think the judge imposed a sentence within the guidelines of the law based on the facts of the case and his own personal feelings about the severity of the crime.