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December 23, 2017

Making a space, yet again, for the airing of sentencing grievances this Festivus

Senator Rand Paul, as is his modern tradition, is using Twitter today to air Festivus grievances for all sorts.  My personal favorite is this one, which laments that an "octogenarian Mormon has better pot jokes than" he does.  But one of my grievances is that Senator Paul has not been quite so vocal an advocate for sentencing reforms in recent years, although he set the bar so high back in 2013 (even on Festivus) that I probably should not have expected him to keep at it so aggressively.  (Also, I wonder if having been the victim of a mysterious violent crime at the hand of his neighbor has impacted his thinking on some criminal justice issues.)

As I did here in this space a few years ago, I readily could rattle off a wide range of sentencing grievances against a wide range of persons.  But both Festivus and life are too short (and my family and friends too lovely and my stack of exams to grade too large) to justify spending too much time on grievances today.  But I always welcome, and benefit from, hearing others air their sentencing grievances; I welcome folks to do just that in the comments here.

December 23, 2017 at 05:11 PM | Permalink


Criminal law allows 30 million crimes a year. It manages 2 million prosecutions, likely with a 20% false positive rate. It is in utter failure. The alternative is what works in all low crime jurisdictions. It is the sole effective remedy to crime. Public self help. The latter should be promoted as the sole effective remedy to crime.

Sen. Paul is a doctor. He experienced victimization by a mental patient. He should support a reversal of the Supreme Court decision that had the lawyer profession take over the psychiatric profession. People should be forced into treatment for necessity, and not after they have physically hurt themselves or others. paranoid people kill 2000 people a year, including all the victims of rampage killings, such as that in Las Vegas.

His silliness in seeking to empty the prison is why friends in various better qualified professions have absolutely opposed taking the criminal law from lawyers. This opposition has been unanimous. We are stuck with the lawyer profession. They will have to improve the remedy to crime.

Posted by: David Behar | Dec 24, 2017 7:14:02 AM


It is uncommon for a woman to be prosecuted for child pornography. It is rare for a woman to be prosecuted for producing child pornography. It is unheard of for a woman to get a lengthy sentence for such conduct.

I do notice, however, that her partner will be sentenced on a different date. Wanna bet about how much time he gets?

Posted by: Daniel | Dec 24, 2017 12:00:52 PM

What is a "festivus"?

Posted by: Liberty2nd | Dec 24, 2017 11:36:05 PM

From a Seinfeld episode.


Posted by: David Behar | Dec 24, 2017 11:40:57 PM

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