Crimes and Punishments: Entering the Mind of a Sentencing Judge: Entering the Mind of a Sentencing Judge

by Frederic Block

Overview

The government has no power greater than to take away a person’s freedom or even life. We trust our judges to balance justice and mercy to arrive at an appropriate sentence when a person has been convicted of a crime. Yet to a large extent, how a judge goes about this process is invisible to the lawyers in a case, the public, and even to the criminal defendant being sentenced. To be sure, judges often give reasons for their sentences, such as explaining when their sentence is dictated by a statute requiring a mandatory minimum sentence or how the punish-ment fits under the sentencing guidelines. But the human dimension of this - how a judge actually balances justice and mercy, what a judge feels in putting a person in prison for a long time or condemning a person to death - is rarely publicly explored.

Judge Frederic Block, a long-time federal district court judge, has written a book which describes the experience of a human being punishing other human beings. Judge Block does this by telling the stories of some of the cases that he has handled since coming on the bench in 1994. Each of the cases is compelling and Judge Block is a great storyteller. Each evokes important issues concerning our criminal justice system. Judge Block is candid in sharing his thinking and his feelings as he approached imposing punishments in these instances. He is remarkably self-reflective, often describing his concerns that his religion or the unfounded accusations against him or his recent reading might be unduly influencing the sentences he is imposing. Along the way, he tells us a lot about the workings of the federal courts and also about his life.

This is a book that can be enjoyed simply for its stories and its humanity. It is about the crimes people commit and what a judge considers in punishing them. It is accessible to lawyers and non-lawyers alike.

Product Details

ISBN-13:	9781641053815
Publisher:	American Bar Association
Publication date:	06/01/2019
Pages:	210
Product dimensions:	5.90(w) x 8.90(h) x 0.50(d)

About the Author

Frederic Block was appointed United States District Judge for the Eastern District of New York in 1994. He received a bachelor’s degree from Indiana Universityand an LLB degree from Cornell Law School. Judge Block has been described by Alan Ellis, a nationally recognized authority on sentencing and a past president of the National Association of Criminal Defense Lawyers, as a “legendary sentencing judge.” After 25 years on the bench, Judge Block continues to maintain a full caseload. He also regularly sits by designation on the Ninth Circuit Court of Appeals, where he has authored over a dozen opinions. Judge Block recently authored the “reality-fiction” novel “Race to Judgment,” after having written his highly acclaimed memoir “Disrobed, An Inside Look at the Life and Work of a Federal Trial Judge.” He also coauthored the 1985 off-Broadway musical “Professionally Speaking,” and has published many articles on a variety of legal topics.

Table of Contents

Foreword vii

Introduction xiii

1 Uncharged Criminal Conduct David Kent Fitch 1

2 Acquitted Criminal Conduct Anthony Praddy and the Raleigh Place Crew 19

3 Victim Impact Testimony

The Carreto Family 65

4 Mandatory Minimums John Doe 95

5 The Mafia

Peter Gotti and the Gambinos 107

6 Public Officials Pedro Espada Jr. 135

7 Collateral Consequences Chevelle Nesbeth 163

Coda 187

Acknowledgments 190

About the Author 191