A judge and a prosecutor “collude” to do the right thing

Hercules and the umpire.

A helpful reader has called to my attention this article that appeared yesterday in the New York Times involving Loretta E. Lynch, who is the United States attorney for the Eastern District of New York. We hear a lot about prosecutorial abuse. We seldom here about prosecutors doing the right thing. In the unique case mentioned in the article which involved a crime of violence, you will see a fine example of prosecutorial discretion used to treat an offender–who made a stupid mistake by rejecting a plea agreement–with a degree of fairness that is remarkable.  You shouldn’t be surprised to know that District Judge John Gleeson plays a prominent role in this story.*

Update:

A thoughtful reader commented:

Interested in whether you have any concern, as a judge, that the U.S. Attorney had no more legal authority to undo this injustice than did the judge. At least, I can think…

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It’s time to rewrite or junk entirely 18 U.S.C. § 3553(a)

Hercules and the umpire.

The pendulum swings.

It is now fashionable to be “soft on crime” rather than “hard on crime.” This is largely because being hard on crime has become ridiculously expensive. I get that, and, in fact, agree with it. However, before we provide group hugs to the special little snow flakes (each one is unique don’t you know) who will reside in our federal prisons, we ought, at least, to know what goals we seek to achieve when we send them to federal prison.

From 18 U.S.C. § 3553(a), here are what judges are supposed consider now regarding the goals of sentencing:

(a) Factors To Be Considered in Imposing a Sentence.—The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider—

(1) the nature and circumstances…

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23 Life Lessons You Get From Being A Dog Owner

Thought Catalog

1. First and foremost, you’re never really a dog owner. Your dog owns you as much as you do them, and the kind of feelings we usually associate with ownership — purchase, control, demands — just don’t exist at all between you.

2. In many ways, the two of you adopt each other when you first meet. The circumstances vary widely, but there is usually that moment when the two of you see each other for the first time and know that it’s going to be something special.

3. The first few months of having a new puppy are some of the most wonderfully infatuating months in the world. It’s nothing short of magical, watching them explore everything for the first time, run around in circles until they can’t keep their eyes open anymore, and ask you to play every minute you’re in the same room.

4. Watching how…

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