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To: semimojo

How does one have a sentence without a prosecution? Does the judge send you to jail just because he wants to? I am not understanding the judge’s endgame legally.


117 posted on 07/30/2020 5:40:17 PM PDT by RobyOnekanobee
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To: RobyOnekanobee
How does one have a sentence without a prosecution? Does the judge send you to jail just because he wants to?

It turns out the judge does have that power when it comes to contempt of court. For that the judge is also the de facto prosecutor.

120 posted on 07/30/2020 5:45:43 PM PDT by semimojo
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To: RobyOnekanobee

If Sullivan decides to push criminal contempt, he, the judge, files the charge. Flynn would defend, there would be a trial of sorts. at the conclusion of that, Sullivan would pass judgement. Crimoinal contempt carries fine, imprisonment, or both.

— Does the judge send you to jail just because he wants to? —

Yes, but he has to incant some rhetoric on the way. He tells everybody how he is impartial, unbiased, that the offense mandates punishment, etc. Say the magic words, off to the pokey.


121 posted on 07/30/2020 5:47:25 PM PDT by Cboldt
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