Isn't What You Do Manipulation? Question 11
from White Collar Advice Hosted by Justin Paperny
A journalist keeps hitting me with one question: isn't what you do manipulation? So on question 11, I stop and read her the definition: to control or influence cleverly, unfairly, or unscrupulously. Then I walk through it. Sentencing advocacy is influence, yes, but so is the government's case, the defense attorney's argument, and sometimes a victim impact statement (I've seen people claim to be victims who weren't, including in my own case). Character reference letters can be used to manipulate too. But a defendant cannot shorten a sentence by manipulating a judge, because judges know the difference between a speech and a record. I bring up Judge Boo's line about fixing the window you broke, then walk through what that looks like: paying restitution, accepting responsibility, cooperating, getting a job, paying taxes. Those are facts a judge can verify, not manipulation. I finish without knowing how to end the podcast, because her next question is why a wealthy defendant who can afford us gets an advantage.
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