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January 10, 2025

The process is the punishment: Donald Trump receives sentence of "unconditional discharge" in New York state prosecution

I have just finished listening to today's hearing as part of the state court sentencing in Trump v. New York, at the end of which he received the expected sentence of "unconditional discharge."  The event was full of interesting elements and ironies (eg, Trump was given the sentence recommended by prosecution, and now can move forward with appeals).   If time and energy permits in the coming weeks, I may turn to the Sentencing Matters Substack for some longer commentary/reflection on this historic event. 

For now, I am just going to note that sentence imposed got me thinking about the title of a famous 1979 criminal justice book by Malcolm Feeley, "The Process is the Punishment: Handling Cases in a Lower Criminal Court."  One big theme of the book, as put in this linked summary, is that "the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge."  That theme came to mind when Trump began his statement to the court today by stating "This has been a very terrible experience."  I suspect that statement resonates with so many criminal defendants and their friends and family, and maybe even more than a few judges and prosecutors.   

January 10, 2025 at 11:30 AM | Permalink

Comments

Trump said that his prosecution "has been a terrible experience." The same can be said of his four years as president. We shudder at what the next four will bring.

Posted by: anon | Jan 10, 2025 1:32:47 PM

How common is a sentence of unconditional discharge in any other criminal procedure in the U.S.?

Posted by: Frank Fosdick | Jan 10, 2025 4:44:50 PM

Who would have imagined that committing multiple felony offenses might lead to a "terrible experience"? So unfortunate.

Posted by: Atticus F | Jan 10, 2025 5:47:21 PM

Congratulations to the American people on having elected, for the first time, a convicted felon as president.

Posted by: Mary quite Contrary | Jan 10, 2025 8:07:21 PM

One of quite a few ironies is that polling pretty consistently showed that the indictment and prosecution at worst did not hurt Trump and, if anything, helped him. Majorities believed, with no little reason, that Trump's prosecution was politically motivated.

I might pay good money to get prosecuted if (1) the sentence was zero and (2) it helped me become President.

Posted by: Bill Otis | Jan 10, 2025 9:35:22 PM

anon,

A majority of American voters disagree with you.

Posted by: TarlsQtr | Jan 10, 2025 9:43:46 PM

I never voted for him or supported him. But I'm glad to see the public has lost faith in the so-called justice system. If a "felon" like me can become president, then we can accomplish anything.

Posted by: Keith Lynch | Jan 11, 2025 8:39:49 AM

Mary,

Why not? We elected a mentally disabled one.

Posted by: TarlsQtr | Jan 12, 2025 1:50:37 AM

Mr. Otis writes that "polling pretty consistently showed that the indictment and prosecution at worst did not hurt Trump and, if anything, helped him." This is true, and it gives hope to felons everywhere that they too can aspire to the highest position in the land.

Posted by: David | Jan 12, 2025 11:32:12 AM

Doug, I believe you are correct. Trump's statement does resonate. Thirty percent of the population has been impacted by aggressive prosecution. They know the cost of a defence.

Posted by: beth curtis | Jan 12, 2025 1:17:51 PM

Also, congratulations to the American people for having elected the first snake oil salesman as president: "Trump Landslide" boots for a mere $299; and only $69.99 for the inaugural edition of his God Bless the USA Bible.

Posted by: anon1 | Jan 14, 2025 4:01:28 PM

anon1,

Better than the millions in snake oil the Chinese and Ukes bought from the Biden’s.

Unlike Hunter, taxes will be paid on those purchases.

Posted by: TarlsQtr | Jan 14, 2025 9:53:45 PM

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