« Interesting USSC data on mandatory minimums | Main | Qwestions about victim input at sentencing of former Qwest CEO »

June 27, 2007

Update on high-profile sentencing "trial" in Alabama

It is hard to take seriously the argument that it is too time-consuming to have juries involved in sentencing after reading press reports from Alabama about the on-going, week-long sentencing "trial" taking place before US District Court Judge Mark Fuller in the case of former Alabama Governor Don Siegelman and former HealthSouth Chairman Richard Scrushy.  This local news report provides details on the first day of sentencing action in a case with no shortage of political and personal drama.

Related posts:

UPDATE:  I see the White Collar Crime Prof Blog here has more on these sentencings, including links to the defendants' sentencing memos.

June 27, 2007 at 09:01 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200e008cdbe4d8834

Listed below are links to weblogs that reference Update on high-profile sentencing "trial" in Alabama:

Comments

Greetings Professor:

I am reading your blog, but I'm a musician/blogger, not a law student.
I'm interested in the 11th Circuit case which was referenced in the news as 'setting a precedent' to sentence Siegelman on counts for which he was aquitted.
The news didn't give a case number, and I'm not sure it would help if it did; I don't have access to legal reference materials.
On the surface at least, it sounds like something originally intended to apply to mobsters, or maybe terrorists--a 'history of interrelated actions'.
Can you shed light on this decision?
It seems to be the foundation for the prosecution's argument in the 'sentencing trial'.

Many thanks!
Julie Slama
Jemison, AL

Posted by: bamaslama | Jun 27, 2007 11:26:12 AM

Doug,

Actually, as to your comment that "It is hard to take seriously the argument that it is too time-consuming to have juries involved in sentencing after reading press reports from Alabama about the on-going, week-long sentencing "trial" taking place before US District Court Judge Mark Fuller in the case of former Alabama Governor Don Siegelman and former HealthSouth Chairman Richard Scrushy," what is worse is that the long trial, which resulted in the jury rejection of most of the case the government presented against the Governor, almost made no impact. Not only were acquitted counts and acquitted conduct used against the Governor in calculating the guideline range, the acquitted conduct was also used as the ground for an upward departure and the basis of the government's continual references to a "pay to play" scheme, which the jury rejected almost in toto.

Posted by: Carmen Hernandez | Jun 30, 2007 6:28:28 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB