GUILTY NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #4

[Cool Cats]

No way will he be able to do this. No. Way.

A five year old could handle it, he will have no problem. Will he be honest? remains to be seen, probation will take it up with him.

 

[Kemug]

Asq²

No I'm not saying that.

RANCH, I pretty much disagree with everything you say, and cannot begin to understand how you can possibly support DJT. But let me just say how much I admire you for your never-failing amiability and politeness. It is appreciated.

 

[TexLil]

The presentencing report will also include a Victim Impact Statement. Who are the victims in this case? Possibly the NY tax payers, the voters of NY, the voters of the USA. I wonder how they will work that one out, or if they will ignore that typical inclusion.


A probation officer (or a social worker or psychologist working for the probation department) interviews the defendant and checks the defendant’s criminal record. The probation officer may talk to the crime victim, the arresting officer, and the defendant’s family and friends. The pre-sentence report includes a statement about what happened, the defendant’s personal history and criminal record and a Victim Impact Statement. The report makes recommendations for sentencing.

https://www.nycourts.gov/courthelp/criminal/preSentenceReport.shtml

Will the pre-sentence report be made public? Thank you.

 

[SouthAussie]

Will the pre-sentence report be made public? Thank you.

Quote:
"In general. Any pre-sentence report or memorandum submitted to the court pursuant to this article and any medical, psychiatric or social agency report or other information gathered for the court by a probation department, or submitted directly to the court, in connection with the question of sentence is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by statute or upon specific authorization of the court."

2022 New York Laws :: CPL - Criminal Procedure :: Part 2 - The Principal Proceedings :: Title L - Sentence :: Article 390 - Pre-Sentence Reports :: 390.50 - Confidentiality of Pre-Sentence Reports and Memoranda.

Justia Free Databases of U.S. Laws, Codes & Statutes

law.justia.com

 

[Cool Cats]

Will the pre-sentence report be made public? Thank you.

No.

Current through 2024 NY Law Chapters 1-59 and 61-118
Section 390.50 - Confidentiality of pre-sentence reports and memoranda

1. In general. Any pre-sentence report or memorandum submitted to the court pursuant to this article and any medical, psychiatric or social agency report or other information gathered for the court by a probation department, or submitted directly to the court,

in connection with the question of sentence is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by statute or upon specific authorization of the court.

Section 390.50 - Confidentiality of pre-sentence reports and memoranda, N.Y. Crim. Proc. Law § 390.50 | Casetext Search + Citator

Read Section 390.50 - Confidentiality of pre-sentence reports and memoranda, N.Y. Crim. Proc. Law § 390.50, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

 

[SouthAussie]

It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview

 

[Cool Cats]

It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview

Letters to the judge are very important also, and sometimes will influence a sentence.

Victim impact statements are both read and given to the judge, some are not read in court but given to the judge. Then people write positive letters hailing the defendant's virtues.

I know of a case where letters influenced the judge to sentence the defendant above sentencing guidelines and another case where letters influenced a judge to give the defendant house arrest and not give any jail time.

 

[SouthAussie]

Letters to the judge are very important also, and sometimes will influence a sentence.

Victim impact statements are both read and given to the judge, some are not read in court but given to the judge. Then people write positive letters hailing the defendant's virtues.

I know of a case where letters influenced the judge to sentence the defendant above sentencing guidelines and another case where letters influenced a judge to give the defendant house arrest and not give any jail time.

In this case, I would think that it is important to also consider the sentence that a co-conspirator was given. And that co-conspirator had pleaded guilty, not put the court through a trial. (Michael Cohen)

imo

 

[Cool Cats]

In this case, I would think that it is important to also consider the sentence that a co-conspirator was given. And that co-conspirator had pleaded guilty, not put the court through a trial. (Michael Cohen)

imo

Court is made to go through trial. To many defendants face a trial penalty.

 

[SouthAussie]

Court is made to go through trial. To many defendants face a trial penalty.

Of course. But when a person knows they are guilty, they are really just spinning the wheel of luck, hoping to get a not guilty verdict. Therefore it is considered a waste of the court's time and taxpayers money.

imo

 

[Cool Cats]

Of course. But when a person knows they are guilty, they are really just spinning the wheel of luck, hoping to get a not guilty verdict. Therefore it is considered a waste of the court's time and taxpayers money.

It isn't that simple, there are many reasons to plead innocent and go to trial.

Was Trump given a favorable plea agreement?
In any given year, 98% of criminal cases in the federal courts end with a plea bargain.

Trials allow witness testimony and evidence to come out that otherwise wouldn't be seen or heard. Subpoenas for Depositions can be served and these are very detailed. A plea of guilty means you give up your right to pursue an appeal. Trials catch mistakes that can go unnoticed.

Trump's attorneys may have convinced him he had a strong case.

If Trump had taken a plea deal he would have had to plead guilty or at least not contest it. Even with a guilty verdict Trump doesn't have to admit guilt and this is better for him politically.

2 Cents

https://www.npr.org/2023/02/22/1158356619/plea-bargains-criminal-cases-justice

 

[IzzyBlanche]

I heard on MSNBC this morning that the probation officer in Trump's case is a woman. I haven't seen that verified anywhere else, but if it's true, that will chap his orange hide.

 

[Stunned]

It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview

So the judge see a REAL Physical?

 

[Cool Cats]

So the judge see a REAL Physical?

Or a basic write up without all the labs, tests, vitals etc...

 

[Stunned]

Or a basic write up without all the labs, tests, vitals etc...

From a court appointed Dr. Or his??

 

[Cool Cats]

From a court appointed Dr. Or his??

He will be asked questions about his medical conditions and if he has medical conditions there will be a search for information to verify the conditions. The information comes from whichever doctor is treating him for a specific condition. Medical personnel will turn to the PSR to determine whether the prisoner merits medical attention.

2 Cents

What Should I Know About the Pre-sentence Investigation Report (PSR)? (Chapter 7) - White Collar Advice

In federal cases, probation officers conduct the pre-sentence investigation report to help sentencing judges and others evaluate the background of the person.

www.whitecollaradvice.com

 

[Stunned]

He will be asked questions about his medical conditions and if he has medical conditions there will be a search for information to verify the conditions. The information comes from whichever doctor is treating him for a specific condition. Medical personnel will turn to the PSR to determine whether the prisoner merits medical attention.

2 Cents

What Should I Know About the Pre-sentence Investigation Report (PSR)? (Chapter 7) - White Collar Advice

In federal cases, probation officers conduct the pre-sentence investigation report to help sentencing judges and others evaluate the background of the person.

www.whitecollaradvice.com

Oh boy. IMO

 

[CrimeDawg123]

From a court appointed Dr. Or his??

6'3" 215 pounds

 

[SouthAussie]

From a court appointed Dr. Or his??

His doctor said he is in excellent health (unless he has had a recent decline that we don't know about), so he should be able to withstand a couple of years of prison time. imo

https://edition.cnn.com/2023/11/20/politics/trump-doctors-note-excellent-health/index.html

 

[formerlyme]

His doctor said he is in excellent health (unless he has had a recent decline that we don't know about), so he should be able to withstand a couple of years of prison time. imo

https://edition.cnn.com/2023/11/20/politics/trump-doctors-note-excellent-health/index.html

Oh I am guessing his feet (bone spurs) will be bothering him again ..... JMO Infirmary is supposed to beat general prison time.