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Subscribe to RSSIn an exclusive interview with Rock Center’s Kate Snow, Travis Weaver speaks out about the alleged abuse he says he suffered at the hands of former Penn State Assistant Coach Jerry Sandusky. Weaver alleges he was abused by Sandusky more than 100 times in the Sandusky home, Penn State locker room and on trips with the Sandusky family.
ANALYSIS
Jerry Sandusky's criminal trial did not draw the attention of the nation because there was some uncertainty about the outcome. And though there is little reason to doubt he will be ordered to spend the rest of his life in prison when he is sentenced on Tuesday, our continuing interest in this case has little to do with the issues the court has to decide.
Wes Oliver is a law professor and director of the Criminal Justice Program at the Duquesne University School of Law. Based on the jury's finding of guilt on 45 of the 48 counts, the former Penn State defensive coordinator and founder of the Second Mile charity for underprivileged kids could be sentenced to a maximum of over 400 years. But the judge is not required to sentence him to anything near that. Six of the offenses carry mandatory minimums of 10 years. This does not, however, mean that Sandusky must receive a minimum of 60 years in jail. The judge will have to determine whether Sandusky serves his sentence for these individual offenses concurrently -- meaning simultaneously -- or consecutively.
None of the other offenses has such a low-end boundary, so the 68-year-old Sandusky could theoretically be sentenced to as little as 10 years.
Those unfamiliar with the criminal justice system often find it bizarre that a defendant could serve time for two or more crimes at once. After all, a prisoner serving two 30-year sentences at the same time is being punished the same as a person serving the same sentence for a single crime. Practical realities, however, require this common occurrence. If defendants were not routinely able to serve sentences simultaneously, a very substantial number of prisoners would be serving life sentences for offenses far from the worst in our criminal codes.
Ex-Penn State football aide McQueary files $4M whistleblower lawsuit
Sentencing guidelines in many states like Pennsylvania instruct the judge on the appropriate sentence for each individual count. For instance, the judge is required to give Sandusky an indeterminant sentence of 10 to 20 years on the involuntary deviate sexual intercourse counts. But judges in Pennsylvania, as is common throughout the country, have almost absolute discretion to determine whether the sentences for those counts will be served consecutively. So the judge's determination of which sentences should be served consecutively will thus be the single greatest factor determining the actual number of years Sandusky receives.
A young man known as "Victim 1" and who testified against former Penn State coach Jerry Sandusky is suing the university claiming it cared more for its reputation than it did about child safety. NBC's Lester Holt reports.
That means that Judge John Cleland has the discretion to give Sandusky a sentence that would permit him to be released after 10 years, just as he has the discretion to give him a sentence that could require him (in theory) to spend over 400 years in prison. Given the number and seriousness of the counts, the lower end of this range seems improbable -- for any judge.
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For some judges, the upper end of this range would be an attractive option. But anything greater than 25 years would mean a life sentence as a practical matter. In other words, Sandusky's life would not be changed, practically speaking, by adding another 375 years to a 25-year sentence. A judge could see a multi-century sentence as a way to send a strong message to would-be child molesters without changing either a defendant's punishment of the state's cost of incarceration. More cynically, a judge presiding over a case with this type of profile could see a multi-century sentence as a way to grab headlines and increase his reputation as someone who dealt severely with America's best-known serial pedophile.
But Cleland is not a grandstander. We saw that time and again throughout the course of the criminal proceedings. He thoughtfully considered defense motions. Despite community pressure, he rejected a prosecution request that Sandusky not be permitted to sit on his back porch while out on bond. His tone and demeanor were measured throughout one of the most closely watched criminal cases in the history of the country. His sentence may approach the century mark, but a maximum sentence seems unlikely.
The young man known as "Victim 2" in the Jerry Sandusky sex abuse case spoke out for the first time through his attorneys about how the former Penn State coach abused him and stalked him with phone messages. NBC's Ron Allen reports.
Nothing about Cleland -- or the seriousness of the facts of this case -- suggests, however, that Sandusky will receive a sentence of less than 25 years. And that means a life sentence. So the only real question is how he will serve out that sentence. The Department of Corrections makes this determination and thus has a much larger role than Cleland in determining what the rest of Jerry Sandusky's life will be like.
'Shameful': Sandusky victim sues Penn State
A battery of tests will be conducted to determine Sandusky's mental state, physical condition, his risk to others and the risk that others pose to him. He will then be classified for a level of security – minimum, medium, close or maximum. No one factor is determinative, though the serious nature of the offenses will certainly be a factor. The availability of housing meeting his security level will determine his specific placement and in making that determination, there is no official policy to prefer a facility close to the inmate's family. He could be placed anywhere in Pennsylvania.
The Department of Corrections will further have to determine whether measures are needed to protect Sandusky from other prisoners. If inmates express concern for their safety, the department takes that into consideration. But Sandusky has expressed a desire to be in the general population, at least at his present facility. If there is a safety concern, he could be given an individual cell, but otherwise remain in the general population. Or he could be placed in what is known as a special needs facility. In such facilities, there is greater supervision of the inmates due to their risk of victimization because of factors like age, or mental impairment. He could also be placed in administrative segregation for his protection, which would amount to solitary confinement for 23 hours a day. The department does not, however, have a presumption that child sex offenders will be at risk for victimization merely because of their crimes.
Former Penn State University assistant coach, Jerry Sandusky speaks to NBC's Bob Costas in a Rock Center exclusive interview. Sandusky was charged earlier this month with 40 criminal counts accusing him of sexual abuse of minors.
The Department of Corrections, over the next month, not at Tuesday's sentencing hearing, will determine what the rest of Jerry Sandusky's life is like. Just as the result of his trial was fairly certain, so is the practical result of his sentencing. Practically, the few issues that remain relate only to the level of his custody and will not be affected by his sentence.
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It is not surprising, though, that there is still considerable interest in Tuesday's hearing. Despite its foregone conclusion, Sandusky's trial drew an international audience. Our interest in the legal proceedings against Sandusky was never really about the law at all. The Bellefonte, Pa., courtroom provided merely a backdrop for our view of this human tragedy. Tuesday's sentencing hearing provides the last glimpse that focuses on Sandusky's role in the tragedy. Soon enough we will turn our attention, with the trial of Penn State officials, to the role of university officials and, as a context for understanding their actions, the part played legendary Penn State football Coach Joe Paterno in this tragedy.
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Leave a Comment:
The only equitable sentence for Sandusky would be something akin to his being mercilessly beaten unconscious... with a clothes hanger... daily...for the rest of his pathetic-life.
10 years!! Of course, figures. Not only should he spend the rest of his life in prison but Penn State should be completely shut down.
who knows, maybe he'll be sentenced to death. Death by bunga-bunga.
Save the expense of supporting him for the rest of his life in prison. Take him out behind the barn and shoot him. I'll donate the bullet.
In China they'd just shoot him.
They just need to make a fair call in his sentencing. This is how our judicial system works, even for the monsters. And, fair is far more than he was with his victims.
It would appear that the university is almost equally at fault, staff included at letting this monster have free run of their institution in targeting and delivering abuse to these children over a lengthy period of time.
So, in my honest opinion, everyone involved should have to foot the bill for this, because after all, it was their decision to try and keep this monster under wraps to protect the universities reputation.
So let the chips fall where they may, let the money judgement's being considered for the victims in this case set new precedence in dealing with this sort of unacceptable behavior, especially by supposed leaders within a setting that was painting a picture of "Happy Valley", when it was really hell on earth for these victims.
If it bankrupts the universities, and they have to close their doors, then so be it.
Anything less than a life sentence for this monster would be a miscarriage of justice.
He needs to be put to DEATH!!!!!!! A mandatory death penalty needs to be adopted in cases like these! The SCUM of the earth.
Strap him to the bed in jail and let anyone who wants to take a poke.
I like the idea of life sentence as long as his four cell mates are natives of the Congo. Minimum requirement of twelve inches. This would ensure the grippers and tonsils never work again. Anyone convicted of this crime should meet the same fate to include catholic priest!
He needs his testicles removed, and life in a hard labor camp, where's Chinese justice when we need it.
Put him in general population for the rest of his life. Let him see how the big boy's play and what they think of a child molesters, he will get all the molesting he wants!! Disgusting sicko and he should take Mike McCready with him since he stood and watched the molestation in a mirror and did nothing to stop it or rescue that little boy..!!!
This ba*tard should be taken out to the desert, stripped naked, staked to the ground, and then pour honey on his privates and turn thousands of red ants loose on him. Give him some time to think about what he did and all the lives he destroyed. Taxpayers money shoudn't be used to feed this POS. After all, I for one, don't want to see him moved to regular prison, get access to a computer and start stalking young boys online.
This predator needs to be buried in jail....If the judge gives him 10 years, he will have to answer to a higher JUDGE than himself. What a disgrace! Dont worry Chicken McFugget.....what he has coming to him in the afterlife is worse than he will ever endure by your wishes.
this scum wants to be put in the general population...and we all know why...so i say solitary confinement. with no human contact.
The more I think about this case, the more blame I put on the university officials who turned a blind eye to Sandusky's vile acts. Jerry Sandusky is a pedophile, a classic case in fact. He is a sick man who was unable to control his lust for young boys. The men around him who knew but did nothing? [undoubtedly many more than the two or three that are facing charges] What is their excuse? We were having a good season??
Who around him knew? Where is your proof? Who turned a blind eye?
The judge should sentence him to pick up trash alongside the highways in NEPA. We have an extensive system of unused mine shafts (probably where Jimmy Hoffa is) and I 'm sure a lot of guys there would like to take him on a personal tour...Just sayin...hain't it???
He should wait in prison for the rest of his natural life before he spends eternity in hell. That way he has something to look forward to...
You gotta' love the criminal justice system in America! Even though found guilty on 45 or 48 charges, all comes down to the judge's decision of how the punishment and sentencing should be rendered. In other words, as in all forms of semantic interpretation of the law, everything is: "subject to." The judge determines the concurrency or consecutive status of the penalty time and how it should be metered out. The Dept. of Correction then conducts specific mental and physical tests, to determine how and where he will serve his sentence. All is levied to serve criminals of alleged affluence in our society. In other words, a 'comfy' place to spend the rest of his life with the possibility of release after ten years, should the system deem appropriate. HOGWASH!
The victims suffer. the wife continues to live well. Abuser in jail. I hope the victims take his estate for all their worth.
A family member of mine came up with the most fitting sentence. He said that Sandusky should be taken to a falling down shack in the woods, have his private parts nailed to the floor, the whole shack doused with gasoline, and be given a knife before the fire is started, and he is told to "free yourself".
I agree that he should be castrated, but think his victims should do the deed, and then his victims should be pardoned. That also seems like a "just" punishment.
As a further thought, any prison sentence should be carried out at Rockview State Prison, which is less than 10 miles from Sandusky's home. Maybe his adopted sons should be directed to watch his victims carry out their revenge. Oh, but wait, don't abusers start their abuse in their comfort zone. That could have very well have been his own home, and his first victims could very well have been his adopted sons.
This man clearly ruined many young lives and thus his should be ruined. He was in a place that he was to be trusted and completly and clearly did not honor that. There should not be any consideration of his safety while in prison and definetly should receive that max sentence that they can give. Serving less than 10 years would be a slap in his victims faces. He should serve nothing less than life. A total POS to represent the male race!
Penn State should have taken immediate action at the very inkling of Sandusky's misdeeds.
...which was many years and many victims ago.
What inkling? What were they supposed to do?
To Dollie Sandusky:
I would personally donate my time, and the very limited strength I have in my body to oversee your husband's daily work (hands on) in a sewage treatment facility for the remainder of his life! If not a sewage treatment plant; something equally demeaning, nasty, and filthy so that the stench does not leave his nostrils after a shower with an abrasive soap! This man deserves every punishment our judicial system can inflict on his person and BANK ACCOUNT! Stop with the lawyers getting the money - I want to see the courts go after his personal bank account and leave you - his damn wife without the means of support. Dottie, you had to know or suspect something was wrong. As a spouse, you aided and abetted your husband in his crimes. There is not a woman in this world who does not look back and say after the fact, she had suspicions about an affair, problem or whatever the issue. At least be kind enough to his victims and ADMIT that you had a suspicion, but no proof. Your OWN son TESTIFIED against his father? I will never buy that you did not know. I have no sympathy, pity, or even empathy for the situation that you now find yourself in as an OLD WOMAN. Enjoy your old age - alone, with the name of Sandusky and all of YOUR SO-CALL friends even silently convicting you of complicity to commit these crimes against young boys. Many of these young boys were ALREADY victims either through the loss of a parent, or socio economic situations which placed them in greater danger of abuse. I have only disdain for both of you and I would vomit if I had to even touch either one of you - you are repulsive people.
Last, but not least - YOUR HUSBAND, ALONE was able to destroy what many people in one state worked hard to build. Single handedly JERRY SANDUSKY and DOTTIE SANDUSKY DESTROYED the reputation of a state college, many careers and lord knows what else. May you both burn forever in HELL - your souls living on forever tortured with all of these mean, and horrific crimes against defenseless children searing their cries and burning their tears into your flesh and not allowing you to see anything but their torment for the remainder of all time. This is my prayer. You are evil and wicked people who do not deserve compassion or human contact. You deserve nothing.
Her name is "Dottie". If you can't even get that right, then perhaps you should do some more research.
Like every other pedophile, Sandusky should be put away for life. These mentally damaged people such as Sandusky are all compulsively driven to seek out their child victims and nothing is going to stop them from doing so except life imprisonment without the possibility of parole.
But as he lives out his life in prison, I further believe he should be kept apart from the general prison population. If not, its more than likely one day he'll be violently attacked. For humanity's sake, our prison policies should be such that any and all such "vigilante" justice is prevented from happening. And this isn't just as a safeguard for Sandusky alone but for all those who are imprisoned in the United States. After all, shouldn't America be the one country in the world that represents the best and most humane of penal systems, not one of the worst?