Overall, the 20 judges who have sentenced riot defendants have given lighter sentences than prosecutors were seeking in nearly three-fourths of the cases.
The judges have exceeded prosecutors’ recommendation for about only 10% of the defendants, according to AP’s analysis.
Chutkan sentenced Bissey to 14 days in jail. A different judge sentenced Bissey’s friend to probation. Some judges have criticized prosecutors for what they see as disparities in prosecutors’ charging decisions across the cases and their recommendations for punishment. Chief Judge Beryl Howell, an Obama nominee, has sharply questioned whether prosecutors are letting some rioters off too easy with misdemeanor plea deals even as they describe the insurrection as an attack on democracy.
Before handing down the punishment, Moss said he believes judges have done a good job at ensuring the punishments are consistent while also weighing the individual factors of each case. “It has to be made clear that trying to violently overthrow the government, trying to stop the peaceful transition of power and assaulting law enforcement officers in that effort is going to be met with absolutely certain punishment,” she said.
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