Monday, April 26, 2010
There is growing support in the case of Sholom Rubashkin for the court not to follow the government's sentencing plan. After all, it is extreme for the government to want to give this first offender something like "three decades" or a life sentence -
Mike Scarcella, BLT Blog, More Former AGs Question Sentence Sought in Bank Fraud Case
Professor Alan M. Dershowitz here
Professor Paul Cassell here
Other professors here
I agree with these professors and former prosecutors. This type of white collar crime does not deserve a sentence in excess of a second degree murderer. In the post-Booker world, we need to see more courts looking beyond mathematical computations or mere loss figures, and looking at the individual offender. Hopefully this court will do just that.