What the Trump sentence reveals about the criminal justice system

On Friday, after months of delay and prior assurances from the judge that Donald Trump would not face prison time, the president-elect's sentence was unconditionally overturned, also sparing him fines and probation. Yet when he enters the White House in a few weeks, he will be the first sitting president to have a felony conviction on his record.

Trump invoked the injustice of the criminal justice system at every stage of his trial. He asked for and received numerous delays, claimed the case was politically motivated, won immunity for his actions as president (wiping several other criminal cases off the table), and requested last-minute intervention of the Supreme Court. But for many watching the trial, especially those behind bars, Trump's treatment and rare, lenient sentence underscore the idea that the American legal system has two tiers: one for the rich and powerful , and another for everyone else.

The Marshall Project contacted people who have been in Trump's shoes at several critical moments during his legal proceedings. A number of people with felony convictions told us they did not receive the same treatment Trump received during his impeachment. When a jury convicted him of 34 felonies for falsifying business records in connection with a hush money payment to an adult film actress, some told us they hoped he would spend time behind bars to understand the plight of millions of Americans in prisons.

We asked people who have been convicted of crimes for their reactions to his conviction. Many tried to reconcile their personal experiences with the system and the way the Trump case had been handled. Their responses have been condensed and edited for clarity.

Janel Suthers

Donald Trump escaped unscathed thanks to his public identity. This would never be the outcome for the average defendant. Trump is by far not an average defendant.

I understand that a president has immunity, but this exemption should only apply to official actions directly related to his duties as president, not his personal life.

That being said, the American people elected Trump as their commander in chief, and the judge made his decision with that in mind. The message the public receives is that the rich and powerful are in fact above the law. That they can break the law without consequence is a long-held belief, but we all now know it to be true.

Was it fair? I think Donald Trump and those who voted for him think it was right. I think perhaps he should have been given a suspended sentence to send a message to all future candidates that they must follow the law.

Janel Suthers is incarcerated at the Arizona State Prison Complex – Perryville in Goodyear, Arizona.

Lacy Smith

We're trying to figure out how a guy who committed 34 crimes, or how[ever] he had a lot, he has no time and we committed one or two, and we have to make time?

This deeply disturbs me. Like it hurts so much, because there's a lot of guys here, doing things, but you don't have any money.

I think this will change the way people perceive the law. Like if I'm rich or if I have power, I'm above the law. I am above justice. Justice cannot be done to me. Middle class and poor, we will always be stuck in the same revolving door.

Lacy Smith is incarcerated at Nash Correctional Institute in Nashville, North Carolina.

Patricia Trimble

They say that justice is blind, and it is absolutely true, and its blindness prevents it from seeing the heavy hand of the rich tipping the scales in favor of the rich.

If you took a poll of 10,000 Americans, I don't think you'd find more than two or three who think Trump will ever go to prison.

The man stood there and explained that just because he was so rich, he could just walk up to women, grab them between the legs and get away with it. And everyone thought, “Oh yeah, it's just Donald.”

He was charged. He was forced to post bail. He spent his day in court with 12 jurors, and those jurors unanimously found him guilty. That in itself was extraordinary.

But beyond that, everyone knew that even if he wasn't elected president, his wealth would never allow him to serve his sentence. And, as a convicted criminal, I am sure that the collateral consequences other criminals face will never apply to him.

Patricia Trimble is incarcerated at the Southeast Correctional Center in Charleston, Missouri.

Derek LeCompte

Trump's sentence does not affect my opinion of the criminal justice system. I have already realized, mainly through education, that the law is not designed to punish people like him. It's designed to punish poor people like me.

The only thing I disagree with the prosecutor on is that Trump is not responsible for the public's poor opinion of the justice system. Things have been bad for a long time.

His sentence tells the audience: some people are above the law, and money or worse, political influence can get you out of anything. It is no wonder that the world considers us to have one of the most corrupt political systems.

Trump has already gotten away with so many things, accused or alleged, that he has no respect for the law or its enforcement. Nor any respect for women, oppressed people, or anyone who is not in his tax bracket. He received what many people should have gotten, but instead they were sent to prison or heavily fined or given probation.

Derek LeCompte is incarcerated at South Woods State Prison in Bridgeton, New Jersey.

R.Aaron Flaherty

I don't think Trump was treated fairly, on either end of the fairness spectrum. If Trump had chosen not to run for president again, I don't think he would have been prosecuted. On the other hand, having been in prison for 28 years, I have never seen someone convicted of 34 felonies only to have the judge say that the convictions were punishment enough and that absolute release was the final imposition of a multi-million dollar lawsuit.

This implies that prosecutions can indeed be vindictive, but if a person has enough influence they can still avoid liability for their offense.

The rhetoric adopted by Trump during his campaign leaves no hope of reforming the criminal justice system under his presidency. His talk about increasing crime rates and the need for more policing and increased penalties is based on fake news.

R. Aaron Flaherty is incarcerated at the Wainwright Unit in Lovelady, Texas.

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