E-mail updates
Follow on Twitter
Subscribe to RSSANALYSIS
Courtrooms are in many ways public theaters. Parties come to court to resolve disputes, but there's another aspect to their work. They also show how the power of the state is appropriately used. When the conflicting parties are the state and a criminal defendant, courts explain why punishment is just.
Wes Oliver is a law professor and director of the Criminal Justice Program at the Duquesne University School of Law. In Bellefonte, Pa., on Tuesday we saw just that public function at work in Jerry Sandusky's sentencing hearing. The practical effect of any sentence Judge John Cleland could have handed down was not in doubt. It was clear going into this hearing that Sandusky would get life.
The sentencing hearing was thus an opportunity for society to express its outrage at the crime committed, for the defendant to respond to the public, and for the judge to explain the sentence.
Prosecutor Joe McGettigen and three of the victims very powerfully described the harm Sandusky inflicted. McGettigen spoke in a measured way, noting that Sandusky's roles at Penn State and with the Second Mile charity provided a cloak for his real goal of molesting children.
The victims who spoke were all clearly emotional, but were measured in their combination of anger and sadness. Their impact was profound, but not in a way that could have affected the sentence. In some ways their statements had a more profound meaning than adding five, 10, or even 100 years to this life sentence. This forum provided them an opportunity to tell their abuser, with the support of the community and the apparatus of the state, how his crimes affected them. This was a vehicle for them to express their outrage.
This was also an opportunity for Sandusky to respond to the community's condemnation. His rambling remarks, however, appeared to be an unsuccessful effort by an emotionally unstable man to preserve his legacy. At one point Sandusky stated, "I've been kissed by dogs. I've been bitten by dogs." At another point he invoked both the words of Martin Luther King Jr., and the words of Scripture. "I've been to the mountain top," he said. "I've seen the valley of the shadow of death." At other times, he seemed to be spouting poetry about prison life.
Judge Cleland's remarks quite appropriately explained society's reasons for sentencing Sandusky as he did. His sentence needed to protect the community, reflect the gravity of the crimes, the defendant's hope for rehabilitation, and the effect of the crimes on the community. As expected, his sentence demonstrated his interest in appearing measured and thoughtful even in punishing a serious offender. Even speaking about a sentence of dozens of years for a 68 year old man was nonsensical, he noted, observing that there is "no place in the law for sentences to be an instrument of vengeance."
But Cleland needed to express the community's outrage, which he did masterfully. He noted that Sandusky betrayed those who trusted him, that his crimes were an "assault to their psyches and souls."
The entire proceeding struck exactly the right tone. Unlike the post-verdict celebration, Tuesday’s sentencing appropriately reflected the outrage of the victims and the community and left the impression that the legal process is one of logic and reason, not passion and vengeance.
More content from NBCNews.com:
- Jerry Sandusky gets 30 to 60 years for child sex abuse
- Cook County, Ill., considers 'violence tax' on guns, ammo
- 1 in 5 Americans are not religiously affiliated, survey finds
- Deadly crossing: Death toll rises among those desperate for American Dream
- Military suicides: Defense officials spending $10 million to learn if fish oil can help
- Florida man dies after winning cockroach-eating contest
- Video: Mexican authorities arrest suspect in tourist murder
Follow US news from NBCNews.com on Twitter and Facebook
Leave a Comment:
Jer, don't be sad.
Your going to have lots of little buddies now!
On another story about this matter, a few people said this might be a set up.They were blasted by others for even suggesting this posibility.Sometimes I think the puritan mentality hasn´t changed since the days of "The Scarlet Letter".I know a teacher who was falsely accused by 2 teenage girls that their teacher made overtures or molested them.Eventually the girls confessed that it was a prank.I don´t know what type of sentences that these girls got,but they tried to ruin a mans life.This foolball coach doesn´t seem to be the monster some people portray him to be. Why is so much attention focused on him.?And are all the boys really innocent? I didn´t follow all the details as I´ve been living abroad ?This man might be sick,but he´s not a mass murderer of the type who shot up the cinema or the other mass murderers. I know that horrible sex offenders do awful things and they must be locked up..especially if it´s with children.These boys seemed to have been teenagers.I´m not saying I feel compassion for this man, but the lynch mentality is also troublesome..I personally feel that gun toting lunatics are a bigger threat to the country than many of the sexual charges.But again I´m only speaking about this case which might not be as clear as some people are making it.
He assulted KIDS!!! Point, perioud, end of story. That makes him exactly the monster that the community thinks he is. You reference to the "Scarlet Letter" and its extramarital sex between 2 willing ADULTS is way off the mark. You said our reaction to Sandusky action shows our "puritan attitude", but would you really like to live in a society where having sex with childred is not a big deal? I sure as hell don't.
I guess it doesn't matter, really, how long Sandusky's sentence was....he won't last a week in the general population in prison. It'll be like sharks attacking chum in the water. Then, he'll be facing the final judgment, the one that really matters.
Only God, Sandusky and his victims know what happened for sure, but only God can rightfully judge Sandusky for his heinous crimes. I just hope Sandusky comes to rue the day he even entertained thoughts of raping those boys!
I feel sorry for Jerry Sandusky's wife, children and grandchildren. Their lives are severely damaged, if not ruined, and they did nothing to deserve it. They're victims too. I haven't heard or read everything that he has said, but so far, I haven't heard of him taking responsibility for his crimes. He said he "made mistakes." I'm glad the judge and jury didn't make any mistakes.
I would put his wife in the guilty column. She should have been brought up on some sort of aiding charges, no way he did those things happened under her nose and she not know it. She's still singing his innocence even after one of their kids said Jerry did it to him. Where exactly did she think Jerry was at 2 am when he slipped out of bed and kids were sleeping over ?
And as far as mistakes, we will see. Jerry plans to go down swigging and his lawyer said he was glad the sentencing was done so they can start the appeals process. First order of business is venues, Amendola thinks the trial should have been done outside the county.
Agreed. That blind denial is criminal. She knew.
Yes we feel sorry for his children and grandchildren not only for their legacy but because he raped them too! Are you not following the news?? Any wife of that many years HAD to know or catch him doing something, there is just no way someone that intent on violating children could contain that sort of impulsivity perfectly for that many years. SHE KNEW something so there is no pity for her either, she should share a cell. A family of liars and children who were victims.
It amazes me how the law gets logical at the wrong time. I can see giving the logic and reason line for petty crimes, but I say throw the book at child molesters, make examples of them. This reflects our half hearted response to the protection of our children in this country, after all dogs had rights before children did. 30-60 years is nothing. You don't want that guy surviving long enough to get out, I say life without parole in those words- should have been the sentence.
Annet H
^The bastard never give a thought to what it would do to his family, they should HANG the BASTARD.
She must have known !!
"Hope for rehabilitation!?" I doubt anyone would let that man near their children no matter how "rehabilitated" he was (nor should they).
The sentence shouldn't be an instrument of vengeance, but one of justice. It should also serve as a deterrent. This sentence works out to 3-6 years per victim, or 8-16 months per conviction. That doesn't seem very just given the seriousness and gravity of his crimes.
sentences never deter most criminals.....especially pedophiles....these people are sick and the consequences of their actions mean nothing to them.....
Thumbs up... waaaaay up!
Any "rehabilitation" for Sandusky will happen in prison and only prison.
What ever happened to public executions for crimes against humanity?
Seems to me that the whole Sandusky family should be locked up; they're all part of this crime.
Hiding their heads in the sand doesn't exonerate them from complicity; neighbors beware.
Penn State should go back to the drawing board to see what blindness led to this atrocity.
I bet you're a fan of Concentration Camps as well.
Whyme,
You got it, bring back Stocks. MAYBE prison is best, the population don't like child rapists. They will give him some of his own medicine. I hope it lasts for YEARS!!
DV, calling someone a Nazi isn't required.
I wouldn' t say whole sandusky family needs to go, but I truly do not believe that his wife could possibly have not known he was raping children in their home. It isn't proven so it is just an allegation at this point.
Sandscummy on the other hand, it is proven and yes, put him in the stocks at recess time for the prisoners to use and have their way with. His removal from society is good, the amount that this oxygen thief cost the taxpayers is ridiculous. His wife should have to cough up all but bare essential monies to pay for this dung heap to be there.
I appreciate Mr. Oliver's well-reasoned explanation and think that he is right. Initially, I was taken aback by 30 years - I wanted a vengeful sentence of hundreds of years. It is better that the judge operated on a higher plain. As for Mr. Sandusky, I hope that he is not so amoral, immoral, or deluded that he actually believes what he said. If he does truly believe himself, he is even more warped than the evidence presented at trial suggests.
Unfortunately most serial pedophiles are as deluded as Slimedusky. They feel they are the victim and that the children seduced them and that it was the child's fault they got into trouble. A classic example is Slimedusky blaming one of his victims and saying that he was basically a trouble maker and someone who loved dramatics. Typical pedo response. IMO, serial pedophilia is akin to alcoholism and addiction, the pedo has to admit they have a problem first before any realization of the damage they did will ever cross their minds and any healing can begin.
I too was shocked at the seemingly small sentence he received and like stated above will only really be 8 - 16 months per child, but he has to serve 27 years before he is even eligible to see the parole board. He will be 95 years old and probably be dead before then. So, essentially, it is a life sentence for him.
Guess he will be dropping bars of soap in the showers now!
yeah.... and holding his ankles!
wonder if someone will be telling him to squeal like a pig
He'll do that all on his own - in high falsetto when "Bubba" become his dirt road romeo!
I seriously doubt that Sandusky will be placed in the prison's general population. There are several factors that will determine the method of his incarceration ~ his age, his health, and more importantly his chances of survival if placed in g-pop. Criminal Justice facilities have a responsibility to not only secure the prisoner but to also provide the prisoner with a secure environment when there is the high probability of retaliation by other inmates. In all likelihood he will be in psychological evaluation for at least 30 days and then segregated from g-pop for a lengthy period of time. Perhaps indefinitely. He will always be a high profile prisoner and as such will receive special attention as prison officials protect themselves from a negative public relations fallout should he 'unfortunately expire' while on the way to the dining hall.
Probably one of the best articles I've read on this case.
The average of 30 to 60 years is 45 years. He was convicted on 45 counts of criminal activity. So the sentence equates to an average of only one year per count...hardly fitting for such heinous acts. Also, it's always been my understanding of the criminal justice system that retribution (vengeance) is a perfectly acceptable element of sentencing along with deterrence (general and specific) and rehabilitation. The author seems to not feel the same.
I wouldn't disagree that the short nature of this sentence, even though at his age it makes it unlikely that pedobear will get out alive, makes a sentence seem a lot short.
While I will be blasted, rapid and severe punishment is a deterrant to crime, not some drawn out light punishment. Hard crimes require hard time.
And the moral of this story is....
Fuc%k you MR. Sandusky
Why weren't those who covered up for him prosecuted????? They are just as guilty as he is!
Patience, MyWi. The wheels of justice turn slowly, but they do (occasionally) turn. I believe charges have been filed against several of those who covered.
Jim in Texas
This dam GOV. Where were they when the kids needed security. Justice facilities have a responsibility to not only secure the prisoner but to also provide the prisoner with a secure environment. Poof again that the SO called Justice System is a joke!! Criminals have ALL the RIGHTS. We need a whole bunch of SHERRIF JOE in AZ. he knows how to run a prison.
In the end, after all the crazy manipulations of Mr. Sandusky, justice prevails.
Can't quite say the same for what happened with Casey Anthony.
WHAT??? The GOV wasn't responsible for the kids when they needed security! You seem to think the kids were in prison when Sandusky molested them.
Read Much?
Unfortunately, there is no such thing as rehabilitation for pedophilia; only lock up in a prison for life.
Sandusky's MO in using a charity platform mirrors many pedophiles who use similar platforms for access to children. It's a screen, and in this case it was well thought out: who would ever suspect Sandusky, the philantropist of abusing children?
Fortunately the victims spoke out. It took courage. The Sandusky defense was to deny and attack the victims: another well played tactic by pedophiles-attack the victims in order to create distance.
He's off the streets. Lock up is the only treatment available.
He belongs in a mental institution---not prison. The man is obviously mentally ill. Any adult male that feels a sexual attraction for young boys is dysfunctional at a basic level and that dysfunction can only be characterized as a mental illness. Sandusky needs mental help----not prison.
Only if they are going to lobotomize him. They found nothing to make anyone believe that he was not in his own mind when he did these things.
Quite simply, he is a psychopath that has been preying on the weak for decades with absolutely no remorse for his actions and likely relishes in continuing his lies. He is a pervert and is the most disgusting form of living creature known.
The only rehabilitation that he could possibly receive is death, since we are not permitted to put this kind of scum out of our misery, we have to lock it up as a precaution to keep him from preying on other innocent children.
Hummm, strange sentencing 30-60 years for raping young boys. Bishop Eddie Long made a plea deal and went home. Susan Anthony killed her little girl and was set free. What a interesting Justice System we have!
I cannot remember the last time I read such tripe. First of all 30 to 60 IS NOT life. He could be out in a little over twenty. As for "the defendant's hope for rehabilitation", how is that possible when he denies the charges and claims the victims conspired against him. He should have gotten 60 to life and the author of this article needs to take a reality check.
I am not a vigilante screaming for vengence, nor an opponent of the death penalty. However, when all the testimony is that pedophiles cannot be rehabilitated, why is any one of them ever unleashed back into society?
How about we give any convicted pedophile a choice - life with no possibility of parole, or a quick and certain death sentence?
There should be some consequences for this creep's refusal to admit his guilt. I don't know what would be appropriate, but this fact should be heavily weighted against Sandusky in any civil action. If he truly loves his wife (and only sex partner ever according to him), maybe threats of taking away her financial comfort might hold some sway with him. I still don't believe she could have been unaware of his monstrous crimes, anyway.
Sandusky, you say you've been bitten by dogs and kissed by dogs. Well guess what, you're gonna get it doggy-style in the slammer you twit!
He's innocent, just ask him. lol He will spend many a nights with bubba