Thursday, December 1, 2011

Proper role of the judge or abuse of discretion?

I have commented in the past on the controversy related to whether judges abuse their discretion when they impose unusual (some would say creative) forms of punishment.  For example, recall the stories on judges ordering defendants to go to church, to sing a song, or to suffer public humiliation.

Now comes news that a judge in Florida told a defendant she would reduce the defendant's sentence one day for every pound of weight he lost.  The defendant reportedly weighed 345 pounds at the time. He lost 25 pounds in 20 days and received early release.  Professor Jonathan Turley, who criticized judicial use of humiliation as abuse of discretion in the past (here), has also commented on this new case.   Go here for his comments.

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