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Cake day: June 18th, 2023

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  • Legally speaking, this was a victim impact statement.

    Convicted criminals have long had the common law right of allocution, where they can say anything they want directly to the judge before sentence is passed.

    Starting a few decades ago, several states decided that the victims of crime should have a similar right to address the judge before sentencing. And so the victim impact statement was created.

    It’s not evidence, and it’s not under oath, but it is allowed to influence the sentencing decision.

    (Of course, victim impact statements are normally given by real victims).




  • mkwt@lemmy.worldtoNot The Onion@lemmy.worldThis is real
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    21 days ago

    Now the branches come too close to grinding irrevocably against one another in a conflict that promises to diminish both. This is a losing proposition all around. The Judiciary will lose much from the constant intimations of its illegitimacy, to which by dent of custom and detachment we can only sparingly reply. The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions. The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph.

    • Judge Wilkinson. Circuit Judge. 4th Circuit Court of Appeals. Appointed by Ronald Reagan.