Monday, April 26, 2010

A Reasonable Sentence

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.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2010/04/a-reasonable-sentence-.html

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Comments

Wow, this guy must have some really serious connections. Except for when Michael Milken was convicted, I've never seen so many lawyers come to a crook's defense.

Posted by: Guzzo | Apr 27, 2010 9:49:19 PM

Given the pattern of reckless and greedy lawbreaking, it seems a bit disingenuous to call him a "first time, nonviolent offender." But still, no way could a life sentence or anything similar be termed the punishment which is "sufficient, but not greater than necessary" to achieve society's legitimate penological purposes, as the law requires.

Posted by: Peter G | Apr 28, 2010 9:35:50 PM

The case not deserved only the result but it like the justice for the client who faces the problem of this case.
Thanks for blog.

Posted by: Huntsville Criminal Defense Attorneys | Apr 28, 2010 11:02:20 PM

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