When it comes to sentencing, it sometimes seems that last - minute remorse, in the form
of cooperation with prosecutors (case in point — Enron's Andy Fastow and his six - year sentence) buys more
leniency than a long
history of good deeds.
On the one hand, it allows judges freedom from many
of the oft - restrictive rules
of evidence that govern the trial itself, giving them the flexibility to take into account aspects
of the individual accused's circumstances and
history, often in favor
of leniency within the very broad statutory ranges where the facts urge it.