Review: New Book By Judge BloCk oN emBRaCiNg HumaNity iN ReNdeRiNg SeNteNCeS
Criminal Law Section
Chairs: Justin Petredis - Law Offices of Justin Petredis, P.A. & Matthew Alex Smith - Office of the State Attorney
U
nited States District
Judge Frederic Block
(E.D.N.Y.) wrote an
incredibly insightful
book entitled Crimes and Punishments:
Entering the Mind of a Sentencing
Judge about his sentencing
experiences in the federal system.
Because the design of the federal
system seeks to obtain convictions
as expeditiously as possible, most
of federal criminal law revolves
around sentencing. And yet few
books explore the very human
side of sentencing from a judge’s
perspective. This book — a must
read for all judges and practitioners
who deal with these complex issues
— does just that. Most critically,
Judge Block explores the human
dimension of trying to reach a just
result, while confronting his life
experiences that may affect his
ultimate decision. Judge Block
recognizes, as Justice Oliver
Wendell Holmes, Jr. did a century
ago, that the life of the law is
human experience, not logic.
The notion that judges robotically
call “balls and strikes” belies
modern neuroscience and human
understanding. We must all, judges
included, accept that decision-
making involves internal biases
lurking in our subconscious, despite
our best efforts to justify our acts
with reasonable explanations.
Judge Block begins this journey
with the U.S. Sentencing Guidelines,
26
affect his
now thankfully
sentencing in
advisory, but
narcotics cases.
still the bedrock
He recounts
of federal
the trial and
sentencing. He
sentencing of
questions how
an organized
any fair system
crime figure,
can allow a judge
while describing
to sentence an
the humanity
individual based
and ordinariness
on alleged acts
of a former
never charged, as
client who
well as charges
touched that
resulting in an
world. In
acquittal by a
a political
jury. Despite his
corruption case,
grave misgivings,
Judge Block explores
a defendant
he sentences
unfairly accuses
according to the
the human dimension
the judge
rule of law, but
of
trying
to
reach
of illegally
acknowledges
influencing a
the toll this takes
a just result, while
jury verdict,
upon a judge
confronting
his
life
and Judge Block
who believes
must consider
in fundamental
experiences that
whether his
constitutional
may affect his
outrage at
principles such as
ultimate decision.
being on the
due process, the
receiving end
presumption of
of an untrue
innocence, and
allegation (not
trial by jury. The
unknown in the criminal justice
tension between strictly following
system) could influence his
the law and pushing the boundaries
sentencing decision.
in the right direction where judicial
Throughout it all, the judge
discretion allows becomes evident
candidly perceives and considers
as his story proceeds.
how all of these conscious and
He then gets to the meat of the
subconscious factors creep into the
book: sentencing defendants who
ultimate outcome of a sentence.
come before him where a judge
Rather than ignore his life
must consider all of the facts and
experiences, Judge Block brings
circumstances of a person’s life,
them to the table and examines
the seriousness of the offense, and
how they affect the very human
societal interests. Here it becomes
enterprise of judging another
interesting. Judge Block weaves into
person. This requires a degree of
real cases his life experiences as a
courage and vulnerability rarely
sentient human being and lawyer
found in the rough and tumble
and confronts how the past may
of the criminal justice world.
influence the present. For example,
he lost a brother to drug abuse
and recognizes how that could
Continued on page 27
MAR - APR 2020
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HCBA LAWYER