SJC: Judges can ignore prosecutors and issue shorter sentences in plea deals | MassCops

SJC: Judges can ignore prosecutors and issue shorter sentences in plea deals

Discussion in 'Court Decisions' started by cc3915, Jan 13, 2012.

  1. cc3915

    cc3915 MassCops Angel Staff Member

    The state’s highest court today confirmed a little-known judicial power to ignore prosecutors and shorten criminal sentences in plea deals if the judge believes “justice may not have been done.’’
    In a 6-1 decision, the Supreme Judicial Court’s decided to make it clear that judges are allowed to shorten sentences because of mitigating circumstances. The court also asserted that prosecutors cannot revoke a plea deal if a judge shortens the agreed-upon sentence.
    Justice Francis X. Spina, the cases’ sole dissenter, worried that the case could open the door to judges using their power to act as pseudo-defense attorneys.
    State statute on judicial powers of sentencing is hazy: A judge cannot “impose a sentence that exceeds the terms of the [plea bargain] recommendation,” but the law says nothing about whether a judge can shorten the sentence agreement.

    http://www.boston.com/Boston/metrod...qaxkk50YS5SVOu6Dq0N/index.html?p1=Local_Links
     
  2. corsair

    corsair Guest

    Its official, no one is going to jail. CWOF and Probation for all!!! DISGUSTING.
     

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