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- LAW, Page 62The Wrath of "Maximum Bob"
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- Jim Bakker's stiff punishment raises questions over sentencing
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- By Alain L. Sanders/Reported by Jerome Cramer/Washington and Tom
- Curry/New York
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- At times the proceedings looked more like a tragicomedy
- than a federal criminal trial. First a Government witness
- fainted on the stand, then the defendant suffered a
- hallucinatory breakdown and was carted off for psychiatric
- tests. Even nature played an impromptu walk-on part as Hurricane
- Hugo temporarily suspended the federal trial in Charlotte, N.C.
-
- Last week, however, the soap-opera proceedings turned
- deadly serious for Jim Bakker. Convicted 19 days earlier of
- fraudulently raising $158 million in contributions from his
- adoring flock, the smooth-talking, scandal-plagued televangelist
- drew a stunning 45-year prison sentence and a $500,000 fine.
-
- "I'm deeply sorry for the people who have been hurt,"
- Bakker contritely told U.S. District Judge Robert Potter just
- before the sentencing. "I have sinned. I have made mistakes. But
- never in my life did I intend to defraud anyone." That
- last-ditch bid for leniency made little impression on the judge,
- known as "Maximum Bob" because of his penchant for stiff
- sentences. "Those of us who do have a religion are sick of being
- saps for money-grubbing preachers and priests," Potter angrily
- told the defendant. Bakker, 49, was quickly bound in handcuffs
- and leg-irons and driven to a federal facility in Talladega,
- Ala., to begin serving his time. He is to be transferred to a
- medium-security medical center in Minnesota and as signed to its
- work crew. Unless the conviction or sentence is reversed on
- appeal, he will stay behind bars for at least ten years before
- becoming eligible for parole.
-
- In a country where convicted murderers are sentenced to an
- average of 20 years, Bakker's punishment seemed excessive and
- arbitrary to many people. "Before some judges, Bakker might
- have gotten off with little more than probation," said a federal
- judge, who declined to be identified.
-
- The stiff prison term once again drew attention to the
- glaring inequalities that often characterize sentencing
- decisions in the U.S. Despite efforts at reform, much of the
- nation's criminal sentencing system is still based on an
- idiosyncratic set of decisions made by crime-busting
- legislatures and individual trial judges. New York State law,
- for example, sets extremely broad parameters for various crimes
- -- one to 25 years for a bank robbery, 1 1/2 to 15 years for
- first-degree assault -- but leaves it to the discretion of each
- judge to fix the actual sentence. The theory behind this system
- is that punishment should be tailored to such factors as the
- circumstances of a crime and the culpability of the individual
- defendant.
-
- The problem, of course, is that a case-by-case approach can
- easily create inconsistencies. For one thing, legislatures are
- not always careful to calibrate each offense according to its
- severity; this can lead to situations in which an armed assault
- can draw the same penalty, say 15 years, as a simple robbery.
- In recent years, moreover, disparities in the punishments
- prescribed for various crimes have been exaggerated by
- legislators' tendency to enact mandatory minimum sentences,
- particularly for drug crimes.
-
- Many jurists oppose this policy as an encroachment on their
- prerogatives. Like the American Bar Association, Federal
- District Judge Marvin Aspen complains that "mandatory sentencing
- gets rid of judicial decision making." Tailoring a punishment
- to the criminal, he says, means that sentences should be
- appropriately different for each defendant.
-
- Critics of sentence tailoring claim that it results in
- gross inequalities. They point out that the main beneficiaries
- of judicial discretion are frequently white-collar criminals,
- who draw lighter jail terms or alter native sentences that keep
- them out of prison altogether. On the other hand, high-profile
- defendants sometimes bear the brunt of judicial wrath in order
- to be made a societal example -- something that Bakker's
- supporters claim has happened in his case. Finally, punishments
- that seem appropriate or are possible vary from community to
- community. This, says New York State Judge Steven Fisher, can
- lead to the creation of numerous "free-market systems," each
- reflecting what the local punishment market will bear.
-
- Reformers are trying to bring some sense of rationality to
- this chaotic system. In 1984, following numerous complaints
- about sentence disparities, Congress created the U.S.
- Sentencing Commission. Its task: to develop for each type of
- federal crime a uniform punishment grid, carefully weighted to
- take into account such variables as the use of a gun, the amount
- of money stolen, and the age of the victim. Federal judges whose
- sentences deviate from these guidelines must state their reasons
- in writing, and their rulings are subject to appellate review.
-
- The new federal system, which took effect in 1987, appears
- thus far to be an improvement over most state systems. But its
- ultimate effectiveness remains uncertain. For one thing, says
- Samuel Alito, the U.S. Attorney in Newark, N.J., "we don't know
- how courts of appeals will treat departures from the
- guidelines." Other experts, such as Columbia University law
- professor Gerard Lynch, argue that the process of adjusting to
- the new procedures can be beneficial "if it forces judges to
- articulate what they are doing." The U.S. Sentencing Commission
- can then analyze whether any changes in its grid of punishments
- are called for.
-
- For Jim Bakker, however, federal sentencing reforms have
- come too late: the crimes for which he was convicted were
- committed before the federal guidelines went into effect. Had
- they been applied in his case, he would have received a maximum
- prison term of only six years, say most experts. Maximum Bob
- gave him more than seven times that.
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- Average sentence length, in years:
-
- Murder 20.4 Rape 9.4 Robbery 8.0
- Arson 6.7 Fraud 3.9 Bakker 45.0
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