Sunday, October 05, 2008

Will O.J. Simpson's 'Past' Be A Factor in Judge's Sentencing?

A fascinating discussion at Volokh: Could O.J.'s Sentence for Robbery Take Into Account His Killings?

And given this finding about Simpson's past conduct and therefore his moral character, the judge would be legally allowed to impose a higher sentence than he would on a typical robber, burglar, or what have you. I'm not sure whether the judge in this case would indeed act this way; but the federal Constitution would let him act this way if he so chose.

The post's comments are particularly enlightening - about readers' attitudes and the law.

And forgive one small note on the quote above - the presiding judge, Judge Jackie Glass, is a she, not a he.

- Garry J. Wise, Toronto

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