Wednesday, September 7, 2005

Bernie Ebbers to Remain Free Pending Appeal

Bernie Ebbers, sentenced to 25 years, has been granted the right to remain free pending his appeal.  See here and here.   This is in large part because he has significant issues for the appellate tribunal to consider.

This is clearly a difference between white collar and street offenses.  The chances that a person given a 25 year sentence for a street crime would be allowed to remain free pending appeal are slim. 

But this difference is also warranted.  There is little chance that the white collar offender will harm someone, especially since they usually are no longer in a position of power to do any harm.  Unlike the street crime, incapacitation is not needed here.   But one also has to wonder if the sentence should not account for the fact that incapacitation does not serve a legitimate purpose here.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/09/bernie_ebbers_t.html

WorldCom | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83423a97b53ef

Listed below are links to weblogs that reference Bernie Ebbers to Remain Free Pending Appeal:

» More on the criminalization-of-business lottery from Houston's Clear Thinkers
Well, Bernie Ebbers is being allowed to remain free from his effective life sentence during the appeal of his conviction of defrauding WorldCom investors. The basis of the decision to allow Mr. Ebbers to remain free is that there are... [Read More]

Tracked on Sep 8, 2005 5:06:31 AM