Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: monocle
There is something wrong with our justice system when someone convicted of a financial crime receives 150 years in prison while someone who convicted of killing a human being receives a sentences as low as seven years. Having said that I am not justifying what Madoff did or the anguish he caused.

Unfortunately, in Law, it is necessary to equate human life and money - but not even in Law, also in Commerce (building a large, e.g., public works project is calculated to always cost several human lives because construction workers are killed accidently).

Someone who robs you of $1000 has effectively stolen part of your life - namely, the amount of time you would need to earn / save $1000.

Supposing that you and your extended family were all found guilty of stealing / defrauding / embezzeling $100 million, and ordered by the court to "work it off." That would effectively mean that you and 20 - 30 other persons would be sentenced to servitude for the remainder of your natural lives. But if you, as an individual, were alone guilty, and unable to pay recompense, then that means that the, say, one thousand people whom you defrauded each "lost" approx. $100,000 in life-time.

Furthermore, let's remember that Madoff committed his crimes with deliberation, over a period of many, many years - whereas taking a human life - e.g., in a bar brawl - can be a spontaneous event.

Finally, one should note that Madoff was sentenced to 150 years - but that he will under no circumstances actually sit in prison for 150 years.

Regards,

11 posted on 07/05/2009 3:04:43 AM PDT by alexander_busek
[ Post Reply | Private Reply | To 6 | View Replies ]


To: alexander_busek
Death sentences or near life sentences for economic or financial crimes are the hallmark of highly socialistic or communistic governments.

Lives lost in construction projects, whether public or private, are not intentional except in those instances where the behavior amounts to gross neglience for which the law then assumes the requisite intent.

I would further suggest you are blurring the lines between civil and criminal proceedings. In criminal trials, any monetary fines are paid to the state and not to the victims. The victims of Madoff's crimes are still free to Madoff in civil actions in which his conviction of federal charges could be used against him.

In civil cases where neither imprisonment or death is available as a rememdy, the standard of proof is far lower which tacitly acknowledges that death or imprisonment is a far more severe sanction than mere monetary penalties.

19 posted on 07/05/2009 3:41:01 AM PDT by monocle
[ Post Reply | Private Reply | To 11 | View Replies ]

To: alexander_busek
Finally, one should note that Madoff was sentenced to 150 years - but that he will under no circumstances actually sit in prison for 150 years.


"Gee. Ya think?"

(Gratuitous NCIS plug.)

26 posted on 07/05/2009 6:11:59 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson