Posted on 06/29/2009 3:30:54 PM PDT by steve-b
Bernard Madoff is an evil con man. He should spend the nearly all the rest of his miserable life in prison. But the 150-year sentence he received is too long. In fact, the something close to 12-year sentence his defense attorney recommended is pretty reasonable.
Let's begin with the basics. Penologists typically see three purposes for putting people in prison: Protection of society, deterrence, and punishment. Putting Madoff in prison, of course, does nothing to protect society. He harmed people through the bloodless act of stealing their money. So long as he doesn't start an investment firm -- something that's not going to happen -- he's no threat to society. Deterring future cons along the same lines as Madoff's, of course, provides a pretty good reason to imprison Madoff. But a longer sentence seems unlikely to change the deterrence factor very much. No high-living investment manager wants to spend any time in prison and the certainty of any sentence for fraud provides sufficient deterrence. Nearly all sophisticated white-collar criminals operate on the basis that they are too smart to get caught. Finally, one can turn to punishment. And Madoff deserves that. But even a 12-year sentence is a pretty severe punishment. His life expectancy is 13 years and the rigors of prison life -- particularly for a man used to living at the height of luxury -- hardly seem likely to extend that. Even with the shortest sentence on the table, in short, Madoff would probably die in prison anyway. The sentence length he received is little more than a bit of judicial showmanship. It has no useful purpose.
Finally, Madoff also displays many of the factors that tend to reduce individuals' sentence length. He had strong ties to his community, a previously clean criminal record, and an apparently strong family life. An ordinary defendant would likely be able to use these factors to argue for a reduced sentence. In fact, federal probation administrators recommended "only" 50 years for Madoff. There's no single correct number for Madoff's sentence length, but the 150-year sentence he received is very likely too long.
I’d give him 50% off for good behavior.
His victims deserved some kind of satisfaction, considering how many lives he ruined by his theft.
Bill Buckley is spinning in his grave....whirling like a proverbial dervish.
I didn’t read the article, but I also believe that the sentence is too long. Taking care of him is soon going to become expensive. At the first sight of illness, he ought to be ushered into the ‘euphoric’ death that Terri Schiavo apparently experienced.
I agree that 150 years is silly. Don’t know why they bother passing sentences that last longer than any human ever has (outside the Bible). Twelve years is silly, too, for what he did. Best to just say he’s going in ‘till he’s dead. Life sentence, no parole.
He had strong ties to his community, Sure. Passing out billions of dollars in stolen money can build strong ties.
...a previously clean criminal record, How many years had his criminal activity gone on before he was caught?
...and an apparently strong family life. The family certainly stayed close when the billions were flowing.
“He harmed people through the bloodless act of stealing their money”
Something the beloved Democrats do 1000X every month.
This guy has friends on the outside who haven't been caught yet. He has not been cooperating and hasn't ratted them out. That means THE CRIME CONTINUES.
I now suspect we know who some of his "confederates" at a couple of removes might be ~ so I'd hold up publishing any more propaganda pieces like this one by Eli Lehrer until he can prove he's not involved in some way with Bernie and his Ponzi scheme.
I cant believe NR would publish this nonsense. A thirteen year sentence, then he gets early parole, and what is the message that is sent to all the people he scammed? Ridiculous whining on the part of the “moneyed” class.
Madoff is lucky he did not get the electric chair. Who is the clown that wrote this article? 15 years, what a joke. I guess Madooff didn’t steal this guys entire life savings.
After all they were expecting 10-15% returns on their investment. Poor little lambs, they were 80 years old and put life savings in one basket because we were so greedy. I feel so bad for them, not.
I’d be for a very short (e.g. 1 yr) only if at least one of his victims were a high ranking member of the Mafia.
A least he ddn't waste any time before getting down into incompetent bullsh*t.
The bastard should DIE in prison...preferably at the “hands” of some 300 pound homosexual rapist. Prisons should once again be a place to be avoided - not where one goes for to be coddled.
Giving him a 12 or even 20 year sentence for stealing BILLIONS of dollars — would look like a good deal to a thief of 30 or 40.... Where could they “earn” that amount by working for 12 or 20 years?
Giving Madoff a soft sentence out of compassion is a joke,where was his compassion when he stole from charities and the elderly.
A shorter sentence may actually serve to encourage a young thief to do the dirty deed and STILL be young enough to enjoy BILLIONS on release from prison...
The sentence should be adequate to both PUNISH and DETER....
I may be wrong, but I thought I heard that he was not cooperating with investigators on where all the money went. In that case, I could understand the harsh sentence. Perhaps they are holding it over his head. Saying tell us where it is and we will shorten the sentence.
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