Sentencing Law

A Song Dedication to Judge Herman Thomas: Spank Me

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spanking small Society of Janus spank Herman Thomas Above the Law blog.jpgRemember Judge Herman Thomas, the Alabama state court judge who allegedly spanked a number of prisoners? Now there’s a theme song for the scandal, entitled “Spank Me.” Check it out here.
The creator and artist, Jolene Roxbury, is a former paralegal who decided several years ago that comedy was her true calling. You can learn more about her over at her website. Nice work, Jolene!
Jolene Roxbury: Certified Verbal Conversationalist
Earlier: Judge of the Day: Herman Thomas

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Judge of the Day: Herman Thomas

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spanking Society of Janus spank Herman Thomas Above the Law blog.jpgMobile County Circuit Judge Herman Thomas is ATL’s Judge of the Day. He takes the prize for his innovative approach to sentencing. From the Mobile Press-Register:

Authorities are investigating allegations that now-suspended Mobile County Circuit Judge Herman Thomas periodically removed prisoners from Mobile County Metro Jail and spanked them in a room at the courthouse, according to courthouse sources involved in the inquiry.

Once inside the room, according to the sources, the judge would ask the young men to drop their pants and prepare to be spanked with what they described as a wooden or fraternity-like paddle.

To quote ex-inmate Paris Hilton, “That’s hot.” We agree with these commenters:

“[I]n San Francisco we have lots of people who pay $200 a session for that kind of treatment. Perhaps this judge has a bright future in Bay Area.”

“That’s some kinky place. I think Senator Larry Craig would like to break INTO that prison!”

More details — including a description of the secret six-by-eight room that allegedly served as the judge’s S-and-M dungeon — are available here.
Authorities investigating paddling allegations against Judge Thomas [Mobile Press-Register]
Judge Accused Of Paddling Inmates [WKRG.com]

A Quick Update on Vick

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Michael Vick middle finger Abovethelaw Above the Law blog.jpgThe plea hearing for the embattled star quarterback took place this morning. One of Michael Vick’s lawyers, Billy Martin, spoke to reporters on the courthouse steps. He stated that “this matter is concluded until December 10th, when Judge Hudson will sentence Michael Vick according to the plea agreement.” He also announced that Vick will make a statement of his own at 11:30 AM today.
At the hearing, Judge Henry Hudson told Michael Vick something along these lines: “You know you’re taking your chances here. I’m not bound by the recommendations [of the parties].”
A correct statement of the law, especially after Booker? Yes. A smart thing for a judge to do at a plea hearing, to prevent the defendant from later claiming he was blindsided? Sure.
But, reading the tea leaves a bit, we’d hazard a guess that Judge Hudson might give Vick significantly more than the 12 or so months that the parties will recommend (per the plea agreement). Stay tuned.
(We’d guess that the parties will recommend a year and a day, which will make Vick eligible for certain “good time” credits applicable only to sentences over a year.)

Michael Vick: His Bark Is Worse Than His Betting

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The plea agreement (PDF) for star quarterback Michael Vick has been filed in federal court. In the statement of facts (PDF) accompanying the agreement, Vick admits involvement in the dogfighting conspiracy (including funding it), but declines to admit a number of other allegations. According to ESPN, Vick claims that he “did not place side bets and did not receive proceeds from purses from the fights.”
Here’s what the agreement provides with respect to sentencing:
Michael Vick plea agreement Above the Law blog.jpg
Assuming zero criminal history, an adjusted offense level of 13 gives you an imprisonment range of 12 to 18 months. Of course, and as noted in the agreement, the sentencing judge is not bound by the guidelines (thanks to Booker).
What’s next in procedural terms, from CNN:

Vick, 27, is scheduled to appear in federal court in Richmond, Virginia, on Monday, where he is expected to plead guilty before a judge. The judge in the case will have the final say over the plea agreement.

Presiding over Vick’s case is Judge Henry Hudson, a Bush II appointee to the bench and a former U.S. Attorney for the Eastern District of Virginia (under Bush I). He has an impressive resume, but we don’t know much about him personally. We welcome your thoughts on Judge Hudson in the comments.
Vick files plea agreement admitting to dogfighting [ESPN.com]
Vick admits dog killing, conspiracy [CNN]

Michael Vick: His Co-Defendants Are Barking Up A Storm

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Michael Vick middle finger Abovethelaw Above the Law blog.jpgThings aren’t look so hot for football star Michael Vick right now. See here and here.
Despite the incriminating statements of his co-defendants, Vick still hasn’t reached a plea agreement with the government. Rumor has it that there’s a split among Vick’s lawyers about whether to take a plea deal.
After the jump, we post an analysis from a reader suggesting that, under the applicable Sentencing Guidelines (which are of course advisory post-Booker), Vick shouldn’t necessarily serve prison time.
But we suspect that the feds wouldn’t allow Vick to get off without some prison time (at least a year). And if Vick doesn’t plead guilty to the current indictment, they’ll nail him with a superseding indictment that includes RICO charges (which will vastly ramp up his exposure if convicted).
Check out this reader’s analysis, after the jump.

double red triangle arrows Continue reading “Michael Vick: His Co-Defendants Are Barking Up A Storm”

From the Far East, More Sentencing Innovation

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Hello Kitty Thai police officers Thailand Abovethelaw Above the Law blog.jpgRemember those dancing Filipino prisoners?
Well, these days Asia is abounding with new and interesting approaches to crime and punishment. From the AP:

Thai police officers who break rules will be forced to wear hot pink armbands featuring “Hello Kitty,” the Japanese icon of cute, as a mark of shame, a senior officer said Monday.

Police officers caught littering, parking in a prohibited area, or arriving late among other misdemeanors will be forced to stay in the division office and wear the armband all day, said Police Col. Pongpat Chayaphan. The officers won’t wear the armband in public….

“Simple warnings no longer work. This new twist is expected to make them feel guilt and shame and prevent them from repeating the offense, no matter how minor,” said Pongpat, acting chief of the Crime Suppression Division in Bangkok.

pekkle the duck Abovethelaw Above the Law blog.jpgBut Hello Kitty is eminently appealing. Could this strategy backfire? Might there be some police officers who will deliberately misbehave, to win the privilege of having that cute cat straddling their bicep?
P.S. Hello Kitty isn’t our favorite Sanrio character. That honor goes to Pekkle the Duck. He’s unspeakably adorable!
Bad Thai Cops to Endure Kitty Shame [Associated Press]
Earlier: Sentencing Reform: Dancing Will Set You Free

Sentencing Reform: Dancing Will Set You Free

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We’re guessing you’ve all seen this video of 1,500 Filipino prisoners dancing to Michael Jackson’s “Thriller.” It has been discussed all over the blogosphere and MSM. E.g, Gawker; Concurring Opinions; Times of London.
(We’re just surprised that sentencing guru Doug Berman — who, by the way, moderated a great panel on the federal sentencing guidelines at the recent ACS convention we attended (and will write about later) — hasn’t weighed in on this innovative approach to criminal punishment.)
In case you haven’t seen it, here’s the clip:
Cebu Philippines Filipino prisoners prison inmates dancing Abovethelaw Above the Law blog.jpg
Pretty cool, eh? Professor Charles Nesson of Harvard Law School quipped, “I want to meet the warden.”
Well, Professor Nesson, we can help. As it turns out, Byron Garcia — the prison official who came up with this idea, and uploaded the video clip to YouTube — is our uncle!
You can read our correspondence with Tito Byron, after the jump.

double red triangle arrows Continue reading “Sentencing Reform: Dancing Will Set You Free”

Judge of the Day: John Shabaz

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John Shabaz Judge John C Shabaz John Shabzz Abovethelaw Above the Law blog.jpgNot allowing the defendant to allocute before pronouncing sentence is a rookie mistake for a judge to make. So if a judge makes it, despite having been on the bench for over 25 years, he can expect to get benchslapped. From a Wisconsin reader:

Not sure if this is quite up your alley, but Federal District Judge John Shabaz got bench-slapped pretty hard by the Seventh Circuit in an opinion that came down today.

He’s like a million years old and is best known around here for falling asleep during trials and objecting himself and sustaining his own objections. We’ve decided not to get really worried until he starts overruling himself.

Well, as long as a former clerk doesn’t write a tell-all memoir, Judge Shabaz should be just fine.
Wherrrreeee’s Johnny [Seriatim]
United States v. Luepke (PDF) [U.S. Court of Appeals for the Seventh Circuit]
John C. Shabaz bio [FJC]

Morning Docket: 07.19.07

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* When the music stopped, Craig Morford, interim U.S. attorney in Nashville, was left standing. So now Morford must fill Paul McNulty’s uncomfortable shoes as Deputy Attorney General — after several others apparently passed on the job. [Washington Post; New York Times]
* New Jersey lawyer Shalom Stone may need to be as charming as Shalom Harlow to win confirmation to the Third Circuit. [The Hill (ATL shout-out!) via How Appealing]
* Dow Jones director David Li could be in trouble with the SEC. Oh Wells. [DealBreaker]
* Go shorty. [MSNBC]

Morning Docket: 07.10.07

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* Georgia Supreme Court expedites Genarlow Wilson hearing. [Atlanta Journal-Constitution]
* Libby gets supervised release to wrap up his sentencing. [WSJ Law Blog]
* Off with their food safety head. [BBC]
* Georgia judge dies after beating received during robbery two weeks ago. [Fulton County Daily Report]

Morning Docket: 06.19.07

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* White House and RNC staff alleged to have tried to circumvent post-Watergate law. [CNN]
* The Roberts-Alito-Kennedy Court. [MSNBC]
* Judge recommends higher BALCO sentence. [ESPN]
* More trouble for Pacman Jones? [SI]
* DA Nifong is out; lax players reach settlement with Duke. [CNN]

Morning Docket: 06.13.07

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* So what’s the solution here? Let another state’s appellate court hear the appeals? [AP via Kane County Chronicle via How Appealing]
* Come on, you can get the man a bond hearing earlier than three weeks from now. They’re killing me with this; let him go, damnit! [Atlanta Journal-Constitution]
* Mississippi sues State Farm for bad faith. [Jurist]
* Texas is uncharacteristically deliberate about executing somebody. [CNN]
* What is it with lawyers and sports tickets? [WSJ Law Blog]