I have wondered about this for a while, and reading about the sentencing of the guy who started Silk Road brought the question back to mind.
From the stories I’ve read, it appears the judge read out a fairly long statement while delivering the sentence, revealing the sentence itself only at the very end of the speech.
My question is, is this standard, or is it something just some judges do sometimes, or have I misunderstood the story?
If it’s standard, or something judges do at least fairly often, a less factual question I have is just… why? Why not just deliver the sentence briefly and let the reasoning behind it be on the record or on file somewhere for people to read later? It feels pointlessly dramatic to me to have the reasoning all read out right there while the convicted person (and everybody else) waits to hear how it ends.
(Especially in this case, the judge’s statement apparently kept seeming to dramatically move back and forth between “will she or won’t she” clues about what the final sentence turned out to be–life in prison. Seems kind of mean to be honest if that really is how it went down, even granting the guy to be a serious and depraved criminal.)
I clerked for a judge after finishing law school and in my year’s clerkship I only witnessed him make a post-sentencing statement once. The facts of that case were particularly disheartening, and tragic for both the victim (a child) and the convicted defendant. The families of both the victim and the defendant were present in the courtroom during the sentencing, and the judge’s statement (or speech, as you put it) hit all the right tones and IMO really brought closure to both sides in what was a very joyless court proceeding. The defendant actually thanked the judge as he was led out by the deputies.
A good judge is fully aware that law is often about presentation and theatrics (I mean that in the best, non-cynical sense of the word). Making a statement to bring a sense of finality to a case is sometimes the right thing for a judge to do.
I forgot to add that, no, it’s not standard for judges to make statements, although they are free to do so. A good majority of criminal cases in the US are very mundane and resolved through plea agreements, with the sentences already agreed to by the prosecution (although technically these are just recommendations that the judge can ultimately refuse). These run of the mill cases are done assembly line style (to put it crudely), so there’s little likelihood that a judge is going to make a statement during sentencing.
And this is where most TV courtroom dramas differ from reality. On TV judges almost always deliver some poignant statement before sentencing in order to wrap things up and point out the morality of the situation. IRL judges tend to limit long sentencing statements only to particularly troubling cases… as was mentioned previously. Everyone involved in the case already knows the stakes and facts of the case so there is really no need to rehash it unless the judge wants to make a particular point that wasn’t made during the trial.
Previous responses are all in line with my experience. I usually hear a line or two like “I hope you take this opportunity to turn your life around, blah blah blah.” or “I’m giving you a bit of a break, but I have to warn you, if you violate any of these conditions…”
The more significant statements are reserved for the really ugly crimes, and are meant to help the victims or the judge’s reelection (or both).
I was never a judge but I used to conduct official hearings. And part of the process was making a statement of why I was imposing the sentence I was giving.
