Friday, February 19, 2010

Bad Legal Reporting of the Day

"Ex-New York Police Commissioner Bernard Kerik was sentenced to 48 months in prison Thursday after pleading guilty to charges of lying to Bush administration officials who vetted his unsuccessful 2004 nomination for homeland security secretary."

You have to read to the bottom to realize that the sentence was predominantly tied to his other crimes--the ones he lied about. It's not even clear that he was actually charged for the acts of lying; I'm not sure what the charge for that would actually be, unless the vetting procedure was considered a formal investigation.

Essentially, what really happened was that he was convicted for the underlying crimes, and the judge took the lying into account when deciding on the sentence (and yes, that is within the judge's discretion).

http://www.cnn.com/2010/CRIME/02/18/kerik.sentence/index.html?hpt=Sbin

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