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: Grits for Breakfast

Should harm to reputation be taken into account during punishment?

By Gritsforbreakfast

In recent times under federal sentencing guidelines, the only way a defendant could receive a "downward departure" from mandatory sentence requirements has been to become an informant and enter into a "5-K" agreement with federal prosecutors.Now, Doc Berman brings word of a "rare (first?) post-Booker high-profile sentencing setting, at least that I can recall, in which the government is urging a below-guideline sentence for reasons other than cooperation with authorities." Relates Berman:As detailed in this New York Sun article and this WSJ Law Blog post, federal prosecutors "are seeking a two-year prison term for one of the nation's most successful class-action attorneys, William Lerach." The Sun article explains why this is notable: Prosecutors said federal guidelines call for a sentence somewhat longer than 24 months, but that the term would be sufficient for Lerach in light of the harm done to his reputation...continue to full post

Full post as published by Grits for Breakfast on January 31, 2008 (boomark / email).