Sunday, May 4, 2008

White Collar Sentencing - Looking at the Individual

Often the sentence given to convicted offender focuses on the offense, as opposed to the offender.  But Tracy Bishop of the Baltimore Sun has an incredible article/story, titled  Contrary Criminal, that tells of a woman being sentenced on a backdating case out of SafeNet. Judge Rakoff gives her 6 months. 

What do you do with someone who did not benefit from the crime, who was always helping people, and accepts responsibility?  One has to wonder whether her sentence is the equivalent of someone receiving a much harsher sentence in actual jail time in that the truly "good person" will be affected greater by a sentence than the person who is less caring and more self-centered. The truly "good person" who missteps in the law, oftentimes because the law is unclear or unenforced, may be more concerned about having failed their family, as opposed to the time that they will actually have to serve. And does the truly "good person" who tries to please people stand more of a chance of being charged and convicted for such crimes? 

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/05/white-collar-se.html

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