Earlier quoted context omitted.
> judges in the US routinely use sentencing as a means to do the same American judges are fiercely independent. Where “messaging” is concerned it’s within the context of deterring future crime, not messaging to foreign states.
Not as independent as you would believe. The number of applications judges actually refuse for search warrants and wiretaps is miniscule. All too often they act merely as extensions for police departments.
Empirical data disagrees with your assertion [1]. Judges act as an effective check on prosecutors. There are systemic issues which mitigate this check, e.g. cash bail and plea bargaining. But the difference between America and China in judicial independence and prosecution procedure is night and day.
[1] https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?arti...