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Mr. Bout's lawyer has filed court papers asking a judge to refuse to sentence him next week in Federal District Court in Manhattan.
Although the judges in that case declared that at most Richardson should be found guilty of manslaughter, the jury ignored them and convicted him of murder, only to have the judges refuse to sentence him.
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Mr. Giacchetto is doing so because Judge Robert P. Patterson Jr. refused to sentence him last week until after he talks to the investigators.
Yesterday a jury in New York refused to sentence to death a convicted defendant in the embassy bombing trial.
He regularly overrules the district attorneys to give offenders another chance, and has frequently earned the ire of the Police Department, especially for refusing to sentence drug offenders if the undercover police officers who carried out the arrests refuse to testify.
In 1998, a judge refused to sentence a man for rape justifying it also with the fact that the victim was wearing jeans and "therefore" she could not be undressed unless she wanted to.
He recently announced, along with Judge Whitman Knapp, that he would refuse to pass sentence on minor drug offenders.
A university professor who received a death sentence last week declared today that he would refuse to appeal the sentence, setting off a fifth day of student demonstrations against Iran's hard-line leadership.
When my ideas don't measure up or my sentences refuse to dislodge, I adjourn to the back of the garden, take the pitchfork in hand and turn the compost.
All the tensions and internal contradictions of that seven-year effort were on display in the courtroom Tuesday when the justices took up the issue of what should happen when federal judges refuse to follow the federal sentencing guidelines.
Rachel Barkow, a law professor at N.Y.U., has pointed out that when you threaten defendants with Draconian sentences if they refuse to plead guilty "you penalize people who have the nerve to go to trial".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com