Means Test For Punishment



Claude Allen was the domestic policy advisor for President Bush. He got caught stealing over $5,000 from retailers. He would buy an expensive item, then take his receipt into the store, put another one in his cart, and "return" it.

From the NYT:

By pleading guilty in Montgomery County Circuit Court in suburban Maryland, Mr. Allen, 45, avoided the maximum sentence of 18 years in prison. Instead, Judge Eric Johnson ordered that he serve two years of supervised probation, perform 40 hours of community service, pay a $500 fine and make restitution of $850 to the Target Corporation. With no conviction on his record, he would be permitted to resume practicing law.…

The Montgomery County state’s attorney, Douglas F. Gansler, said: “The bulk of the punishment for Mr. Allen was the shame and embarrassment to himself, his friends, and his family. He showed genuine remorse today in the courtroom.”


How often is shame and embarrassment considered sufficient punishment for a person of limited means? Maybe I should ask the guy I saw in the library yesterday returning the book, Best Resumes And Letters For Ex-Offenders.

I guess Mr. Allen won't need that book. His record will be clean. From the same article:

Mr. Allen’s lawyer, Gregory B. Craig, in his statement, asked Judge Johnson to impose a sentence of probation before judgment, so Mr. Allen would have no conviction on his record pending completion of his probation, community service, fines and restitution.

Mr. Craig said the judge’s decision in favor of that sentence “would be a meaningful and timely signal to the bar association that this court believes that Claude Allen has a future in our profession, as a respected member of the bar.”





Posted: Sun - August 6, 2006 at 09:11 AM        

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