Against the Rules with Michael Lewis Judging Sam: The Sentencing
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Mar 29, 2024 Rebecca Mermelstein, a former federal prosecutor and partner at O'Melveny & Myers, provides keen insights into the sentencing of Sam Bankman-Fried to 25 years for fraud. The discussion dives into courtroom dynamics, exploring emotional weights and performative elements that shape justice. Mermelstein highlights the balance between numerical guidelines and subjective evaluations in white-collar crime. The intricate relationship between remorse and victim testimony adds depth to the conversation on sentencing complexities and the emotional fallout for families.
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Purpose of Sentencing Theater
- Sentencing hearings, even if the judge has pre-decided, serve legal and procedural purposes.
- These include victim impact statements and legal arguments, though they might not change the outcome.
Sentencing and Public Perception
- Judges consider the sentencing guidelines' math, but also public perception of fairness.
- Judge Kaplan aimed for a sentence that resonated with the "average man on the street."
Recidivism Concerns
- Judge Kaplan expressed concern about Sam Bankman-Fried's potential for recidivism.
- This concern stemmed from Sam's perceived lack of remorse and unchanging nature.