Saturday, June 7, 2008

Crooked Lawyers



Today's NY Times had an article about the sentencing of two lawyers who were found guilty of kickback schemes involving using the same people as lead plaintiffs in multiple suits. It raised the question in my mind about whether the sentences given made sense in terms of justice.

I certainly believe that these two deserve to serve some prison time, but shouldn't they have to repay society with mandated community service that extends for a number of years? Since they will lose their license to practice, advising those in need would not be an option. But
working each day in a kitchen feeding the homeless might be a possibility.

The white collar criminal's actions usually are exceedingly costly to those bilked or to investors who stand to lose all they have worked for -- think Enron. Time to be served at minimum security facilities should only be part of the sentence given.

Crime is an action prohibited by the law because it is injurious to society. Society should therefore receive payment in the form of community service. Housing a prisoner is costly and short sentences deprive the individual of freedom and send the message that what was done is being punished.

How would you have sentenced these two? More time in prison? Less time? Community service? It is difficult to find the right punishment when the victim is not a visible individual but a group of investors or a corporation. But we need to always ask Is this Justice? and for whom?

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