You are Judge Merchan

[Mr.WeRP]

The defendant has been a major pain in the ass during this trial
Weisselberg, who you sentenced to real time for similar and related crimes, sits in a jail cell and was too toxic for either the Prosecution or Defense to use as a witness
Your daughter was repeatedly attacked by the defendant and his surrogates
Your authenticity as a judge and your very citizenship as an American have been challenged by the defendant and repeatedly echoed by his surrogates
The defendant repeatedly violated the gag order and continued to do so after the threat of jail time
The defendant shows no remorse and still uses his influence to defame those who following the rule of law
The defendant is a menace to society
You, as a judge are allowed to consider things the jury can’t: the defendants character, his behavior during the trial, the impact of a light sentence on society, the actual sentence in relation to the election even.
If the jury convicts, you can schedule the sentencing as early as two weeks and can give up to the maximum sentence and even consecutively if you want and no one can appeal it or even question it. When you’re a judge, they let you do it.

What are you going to do should the jury convict?

[Irish_Dem]

1. Judge Merchan is going to do his job in a professional manner and follow the law.

It is not personal.

[Mr.WeRP]

9. Not quite the question that I asked. Would you give him time?

[Irish_Dem]

11. I would be surprised if Merchan incarcerates Trump for any length of time.

[Mr.WeRP]

12. Again, not the question that I asked.

YOU are Judge Merchan. What would YOU do.

[Irish_Dem]

15. I act in a professional manner and do my job.

I operate within the legal and ethical guidelines.

Whether I like the defendant is neither here nor there.

I don't know enough about the law to make a determination about jail or not.

[elocs]

48. Let's be real here. Merchan wouldn't even jail Trump overnight for contempt & clearly violating the gag order.

Trump would be a first time offender. He is not going to prison at all regardless of DU fantasies to the contrary.

[Irish_Dem]

49. I agree, but it is amazing that this career criminal is a "first time offender."

[LiberalFighter]

57. They don't let murderers escape prison just because it is the first time.

Considering guilt on multiple offenses shouldn't prison be considered?

And considering the intent was to influence the election why not?

Illinois governor, Rod Blagojevich was convicted of public corruption and sentenced to fourteen years.

[Ocelot II]

2. I would treat him just as I would treat any other similarly-situated defendant.

I'd hold the sentencing hearing at a time convenient to all parties and I'd give him the same sentence I'd give any other person who had been found guilty of the same offenses. I would neither retaliate for his bad behavior nor grant him any special favors.

[Irish_Dem]

13. This is the right answer, but Merchan has already stated he is taking Trump's status into account.

He said so during the gag order problems.

[Ocelot II]

18. A defendant's "status" is always considered in sentencing.

A judge will normally consider the defendant's job, age, health, criminal history, relationship with the community, likelihood that they will re-offend, etc., in determining whether they should go to prison or get home detention or probation.

[Irish_Dem]

21. Merchan probably doesn't want to be seen as interfering with Trump's campaign.

He knows Trump will commit crimes every day.
But I doubt he is going to send him to prison for any length of time.

[BWdem4life]

41. Thought he could campaign and serve from prison. lol

Let him!

[NanaCat]

51. He can

But I highly doubt that this will be the case to put him in jail.

[Torchlight]

3. I would do everything possible to maintain my objectivity as well as the appearance of it.

I would force myself to ignore the slings and arrows of his sore-ridden tongue, and dot every i and cross every t. I'd do my best to adhere as rigidly as possibile to the standards, orthodoxies, and obligations of jurisprudence.

I expect Judge canon to act out unprofessionally, but I like to think Merchan's been a real by-the-book kinda guy, and neither have given me reason to think otherwose.

[dpibel]

4. No, you first!

What would you do? You've written quite a brief there, counselor. What's your stately and measured judicial opinion?

Can't imagine for a minute why you would ask this trenchant question without stating your own opinion.

Wish I could figure it out. But I can't, for the life of me.

[Mr.WeRP]

7. Since you asked, I would sentence him to four years, concurrent.

He was the master mind of a crime that put both Cohen and Weisselberg behind bars. He was Unindicted Coconspirator for the same crime in SDNY and should have been tried at the federal level. He is indicted with over 60 other felonies, and while a defendant is innocent until proven guilty, he was found guilty in the first of four major trials. He also is a court declared rapist who apparently isn’t impacted by financial penalties. And I would schedule sentencing ASAP.

[WA-03 Democrat]

30. Works for me! N/t

[NanaCat]

52. Then you wouldn't cut it as a NY judge

Because throwing the book at someone with no priors for the crimes in question isn't what the sentencing guidelines recommend.

[LiberalFighter]

5. It depends on the charges that involve conviction.

I the judge made notes about Trump's behavior in and out court. And make them part of the record.

[EndlessWire]

6. I think he deserves

a year in jail. In order to be treated the same as say, Bannon, he'd have to be let out while he's appealing.

Or...maybe not...but it's all or nothing. None of this ankle monitor stuff, no probation, no home jail, just nothing but pure jail cell. If he gets convicted, put him in jail. That's fair. He had an opportunity to plead to a misdemeanor, but didn't, so now let him go and become a martyr.

[Mr.WeRP]

10. Trump is not "just louder". He is a cult leader and when he asks his followers to do something

There is a good chance they will do it
Drink bleach
Take Ivermectum
Attack the Capitol

So, Trump is not like any other defendant.

[dpibel]

16. What are the sentencing guidelines?

If any of the things you list here or in your original post is up for consideration under New York sentencing procedures, then Merchan will consider them.

And if they are not, he won't.

This is not actually rocket science.

Contrary to your assertion in your OP, "they" do not let you "do it" just cuz you're a judge.

Judges are limited by statute, regulation, and tradition and going far off sentencing standards is not, as you seem to believe, either common or tolerated.

I'm sure you can get someone to say, "Lock him up and throw away the key," but what's the point. At this juncture, you've got a whole cadre of people saying "If I were Merchan, I'd follow the law, just like Merchan has, and will."

But don't let me slow you down!

[ecstatic]

14. I'd sentence him to 18 months or however much time Cohen got (whichever is longer). nt

[republianmushroom]

19. That is a damn good question.

Maybe we will find out the answer in a few days.

[brooklynite]

20. Idiotic question: The Judge will follow the normal process for sentencing.

None of the points laid out should be impactful.

[dsc]

42. Some should

The lack of remorse the clear evidence he won't follow court orders are both highly relevant to sentencing

[tavernier]

22. Old Sparky.

Oh, not one of the choices, you say?

Or to quote Jerry, that’s a shame.

[rsdsharp]

23. "[N]o one can appeal it or even question it."

So appellate courts have no function?

[Mr.WeRP]

25. Trump can appeal the conviction

But not the sentence. The sentence is mandated by law and the judge has the discretion of giving the max.

[rsdsharp]

29. Can you cite me the statute or Rule of Criminal Procedure that supports that?

How about the Rule that would prohibit a post trial motion “questioning” the sentence.

[onenote]

24. You are mistaken in saying a defendant in New York cannot appeal the sentence.

Under New York law, a defendant has a an appeal as a matter of right from the trial court to the appellate division. Among the grounds for such an appeal: a claim that the sentence was 1) harsh or excessive or 2) invalid as a matter of law.

[Mr.WeRP]

26. That would only apply if the judge went outside the guidelines

[dpibel]

28. Is four years within the guidelines?

That's the sentence you've suggested.

Do you have actually any idea what the guidelines say?

I'm thinking this is a really disappointing thread for you.

[onenote]

32. And you are mistaken about that as well.

I direct your attention to the Jailhouse Lawyers Manual, prepared by the staff of the Columbia University Law School Human Rights Law Review, specifically for use in New York state cases. Specifically, see the discussion starting at page 157 and, in particular this sentence at the bottom of 157 and top of 158: "You may appeal your sentence as unduly harsh if anything over the minimum legal sentence was imposed."

https://jlm.law.columbia.edu/files/2017/05/21.-Ch.-9.pdf

Query: Are you an attorney? Have you tried any criminal cases -- trial or appellate -- in New York? Wondering where you get your information.

[Mr.WeRP]

38. You can appeal all you want, but it won't be considered

But unless the judge went beyond the maximum, it is not going to be overturned.

https://www.nolo.com/legal-encyclopedia/appealing-sentence.html#:~:text=An%20appeals%20court%20won't,than%20the%20guidelines%20call%20for.

I direct you to:

An appeals court won't normally reverse the sentence unless the judge abused their discretion or imposed a sentence above the maximum allowed by law.

[onenote]

40. You should tell that to this appellate panel in New York. They seem to think they can reduce a sentence

"as a matter of discretion in the interest of justice" -- which is a pretty amorphous standard.

You've moved the goalposts a couple of time. You initially stated that "If the jury convicts, you can schedule the sentencing as early as two weeks and can give up to the maximum sentence and even consecutively if you want and no one can appeal it or even question it. When you’re a judge, they let you do it.

When it was pointed out that in New York, a defendant can appeal a sentence based on a claim that it is excessive or unduly harsh, you acknowledged that such an appeal can be filed, but said such an appeal "won't be considered" and "won't be overturned "unless the judge went beyond the maximum". In support you cited a "legal encyclopedia" that isn't specific to New York law and precedent and even then says a court won't "normally" reverse the sentence unless the judge abused their discretion or imposed a sentence above the maximum allowed by law" -- a statement that is far less definitive than your assertion that an appeal of a sentence that doesn't go beyond the maximum won't be considered or overturned.

Well, I prefer relying on actual New York case law. Such as the appellate division's 2008 decision in People v Daly. In that case, the defendant was convicted of six counts of robbery in the first degree; 3 counts of assault in the first degree, and 2 counts of attempted robbery in the first degree. Each of these crimes is a Class B felony, for which the statutory sentencing guideline is 5 to 25 years. And those penalties could be imposed consecutively for each count. So the "maximum" within the guidelines would be 275 years. Not surprisingly, the court did not impose such a draconian sentence. Instead, it sentenced the defendant as follows: 15 years for each robbery conviction to run concurrently and also concurrently with a 15 year sentence for one of the assault convictions, and a consecutive sentence of 15 years for each attempted robbery conviction, to run concurrently with a 20 year sentence for the other assault conviction. In other words, none of these sentences individually exceeded the maximum and the aggregate sentence of 35 years was well below the maximum sentence for 11 separate Class B felonies.

On appeal, the appellate division not only considered the appeal, it reduced the aggregate sentence to 25 years, dividing the incidents into two groups and reducing the sentence to 12 and a half years for each group.

So, back to your original claim as modified by your second post: A judge's sentencing decision in New York, including the decision to apply consecutive sentences for each of a multi-count conviction definitely can be questioned and appealed and that appeal can be considered and can be modified even if it doesn't exceed the maximum individually or in the aggregate.

[Mr.WeRP]

43. Ok dude, take your extreme case and win your argument

You know that isn’t what I was talking about even in my OP. But you’re right, there are always edge cases and our system has injustices in it. Nothing is perfect.

[onenote]

44. Not a mind reader. And why would anyone think that when you say sentences can't be questioned or appealed

you actually meant, that they not only can be questioned and appealed, but also can be reduced?

I will agree with you that nothing - and no one -- is perfect. Dude.

[Mr.WeRP]

45. "Not a mind reader" -- yeah

You saw I put a snarky comment beside that point and even quoted it. Take your win bro. Make this place great by scrubbing every bit of joy from it to be precisely correct. Not gonna argue with someone like you.

[NanaCat]

53. Are you seriously not realizing that you're arguing

With an actual attorney?

[Mr.WeRP]

58. Flaunting credentials like that is not something lawyers typically do

On “underground” forums on the Internet.

Most attorneys I know would avoid brandishing their creds like that as it can reflect badly when you least expect it. There is no such thing as anonymity.

Lastly, just because someone is a lawyer, doesn’t make them intelligent, knowledgable or even a good lawyer. Names that come to mind are Alina Habba, Aileen Cannon and Dershowitz.

I don’t know the person you are referring to or their credentials, but they completely missed the point of this post, as apparently you did as well.

[bucolic_frolic]

27. What would Judge Cannon do, if she were a progressive judge instead of in Trump's pocket?

[Mark.b2]

36. She would be fair and, in this case, support the DOJ....

She needs to be impeached.

Fed judges should be like taxi drivers; no one should ever know their name.

[Stinkfoot007]

31. If I were the judge I would sentence Trump to the maximum amount of jail time allowable under...

…the legislation. The flagrant disrespect he has shown to the court would be part of the reason; I would also stress that as POTUS the standard of conduct expected is higher, not lower, than that of the average person. In the interest of deterring future such conduct I would make an example of him.

Trump can appeal the sentence and then SCOTUS can deal with it. If they throw out my sentence and chew me out for being excessive in my sentencing I will still sleep fine at night.

[Mark.b2]

33. My guess is Judge Merchan has always had the sentence ready to go...

and I wouldnt be surprised that when the jury announces their “guilty” verdict that Merchan will then go directly to sentencing. An appeal by Trump has always been assumed, and so what if he prevails? It will be months from now and well after the election.

The outcome of this trial is the hinge of the 2024 election.

[onenote]

46. That would be a bad guess.

In the case of a felony conviction, New York law requires both the preparation of a pre-sentence report by probation officers and a sentencing hearing. So Judge Merchan will not immediately sentence Trump if a guilty verdict is returned.

And a judge like Merchan isn't intentionally going to commit an appealable error just because he knows the case will be appealed in any event.

If Trump is found guilty, whatever penalty is imposed will be stayed pending appeal.

[Emile]

34. 136 years

[Mike Niendorff]

35. The necessity of jail time has already been established.

Merchan himself has already been forced to formally inform the defendant that non-jail sanctions clearly are not effective in deterring his unlawful behavior (see: 10 counts of criminal contempt).

The Court 100% will take into account the defendant's past and ongoing conduct -- conduct that has continued even during the trial itself.

So I find it extraordinarily unlikely that Merchan lets the process drag out further, or that he imposes anything less than 12-18 months of jail time. I think Trump has basically made that decision inevitable.


MDN

[DaBronx]

37. I'm going to

Disneyworld!!!!!!!
First plane out!

[Iggo]

39. I would do my job and nothing more.

I’d endeavor to avoid reversible error and let the chips fall where they fall.

[jmowreader]

47. If it were allowed, this is what I would do

I actually did some research on this - looked at the charging instrument, the statutes he allegedly violated and the penalties for each.

New York has five levels of felony, from Class A to Class E. Class A felonies are things like rape, murder, arson and rape. Class E felonies are things like Trump is accused of. The judge can award no punishment, probation, or between 16 and 48 months in prison for a Class E felony.

When we go to the charging instrument, we quickly learn there are three styles of the crime he is charged with: falsely entering checks in the Trump Revocable Trust general ledger, falsely entering invoices in the GL, and what we'll call "other entries." All of them violate the same statute, New York Penal Law 175.10. I would sentence him to 32 months in prison - the exact middle of the sentencing range - on each count. Then I would bunch up the check charges, the invoice charges, and the "other entries" charges, run all the sentences in that style concurrently, and run the three styles consecutively.

The alternative if they wouldn't let me do that is to have my staff pick the ledger count, the check count and the "other entries" count he's least likely to be able to appeal his way out of, and do consecutive 32-month sentences on each one.

In either case it puts him in prison for eight years. I admit it would be really entertaining to slap him with 136 years in prison - max sentence if he's convicted on all charges and they run consecutively - but there's the risk of him getting that reduced in an appellate court because it's very high. Then again, Bernie Madoff never spent a day in jail before they sentenced him for running his Ponzi scheme, he got 150 years, and the only complaints anyone had was that may have been a smidge too low...like, say, 500 years too low.

[NanaCat]

50. He'll be a professional

That means he won't care about the extraneous things and focus on the case itself. If he does, then he'll probably follow the NY guidelines for how to sentence someone with no priors convicted of felonies that are barely above misdemeanours.

I predict a sentence of probation + fines.

I'd brace myself for that if I were you.

[Arne]

56. This is historically unforgettable.

Whatever happens it will be part of the upcoming movie documentary.
The Magots in front of the courthouse, the soiled diapers in the trash,
trump nodded out, trump nodded in, the slow roll in the bronco.
Wait, wrong place.

[GreenWave]

54. The OP said each of us is the Judge.

I do believe he violated his gag order at least 10 times. So he is found guilty he should be sentenced to 10 of the charges consecutively.
Those bastards have to stop using democracy or extra special leniency to destroy democracy.

[dlk]

55. Election interference with the presidency is a serious crime

What message would a slap in the wrist give?

If Trump is found guilty and if he’s sentenced to prison time, it’s a given Trump will appeal to the ends of the earth. Any final resolution and any potential prison time will be long past the election.

I think the conservatives on the Supreme Court are delaying their ruling on the Trump immunity case, specifically, to see what happens in this case and to see what, if any, sentence is ordered.