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New York Times editorial urges review of white-collar and child porn sentences

By Douglas A. Berman

This morning's editorial page of the New York Times includes this thoughtful piece titled "Rethinking Criminal Sentences." Here are excerpts: Sentencing for white-collar crimes ? and for child pornography offenses ? ?has largely lost its moorings,? according to the Justice Department, which makes a strong case that the matter should be re-examined by the United States Sentencing Commission.... As a general principle, sentences for the same federal crimes should be consistent. As the Justice Department notes in its report, a sense of arbitrariness ? sentences that depend on the luck of getting a certain judge ? will ?breed disrespect for the federal courts,? damaging their reputation and the deterrent effect of punishment. Possession of a single piece of child pornography, for example, is supposed to result in a five-to-seven-year sentence ? longer with aggravating circumstances ? but many judges instead are imposing probation or one year for first offenses...continue to full post

Full post as published by Sentencing Law and Policy on July 28, 2010 (boomark / email).