Showing posts with label sentencing discretion. Show all posts
Showing posts with label sentencing discretion. Show all posts

Friday, October 19, 2012

Meeting Maximum Bob (a bit belatedly)

Elmore Leonard is widely acknowledged as a master of crime fiction. Indeed, he’s a versatile writer who’s also accomplished in other genres, including Westerns.

I’ve enjoyed his work both on the page and in film adaptations. Over twenty years ago, I was tremendously impressed by the smooth writing and daring plot twists in the 3-novel collection Gold Coast.

On film, Get Shorty, with John Travolta and Danny DeVito, was a hoot. Out of Sight, with an emerging-from-ER George Clooney and a young Jennifer Lopez, was splendidly executed as well.

There is also a film version of Leonard’s 52 Pickup, which I haven’t seen. All year, however, I’ve been intending to pick up the book. It seemed fitting to do so, because that’s my age.

So today, I tried two places to pick up 52 Pickup. First I tried Midway Book, a venerable and well-stocked used bookstore in St. Paul’s Midway area. No luck.

Next I tried the Galaxie Library in Apple Valley, a St. Paul suburb. No luck there either.

There was, however, a definite silver lining for the independent scholar who blogs about sentencing policy. One of the Elmore Leonard titles that were on the shelf was Maximum Bob — a book whose very title points to teachable moments about judicial discretion.


Turns out there was a short-lived TV series in 1998 based on the book. I missed that entirely at the time. But ’98 was the year that I began my stint with the Iowa Legislature on its special sentencing commission. Considering that judicial discretion was a key topic on the commission, I’m surprised Maximum Bob didn’t come up during our work.

Thursday, August 4, 2011

Joseph's Dreamcoat Journey: In Prison, Then Out - on a Whim

Sentencing in the Ancient world was often an exercise in arbitrary will. The decision about whether to incarcerate, and for how long, depended almost entirely upon the discretion of those in power.

Inevitably, that discretion was often completely capricous. Witness the experience of the biblical character Joseph – he of the Thomas Mann novel and the Andrew Lloyd Webber musical.

Joseph is framed by Potiphar’s wife on a bogus rape charge, and Potiphar sends him, as the Monopoly phrase goes, directly to jail.

Yet when Joseph proves useful to Pharaoh in interpreting dreams, he is quickly released. Expedited executive clemency, we might call it in today’s parlance.