United States v. Jackson

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United States v. Jackson (pg. 55)
United States Court of Appeals, Seventh Circuit 1987
Author: Secret Helper

Facts: On the same day that the defendant was released from prison for a bank robbery sentence, he committed another bank robbery and was caught (WHAT A DUMB SHIT!). The defendant had 4 previous bank robberies and one armed robbery in his arsenal.

Procedure: The trial court sentenced the defendant to life in prison under Section 1202 without the possibility of parole. Now the defendant argues that under section 1202, he could have been sentenced for only some determinant number of years and not for life imprisonment.

Issue: Could the defendant receive life sentence without possibility of parole under the governing statue?

Holding: Yes

Rationale: The court reasoned that the defendant was 35 and since there was no possibility of parole, it would be silly to assume that the statue allowed some long sentence of 60 some years but not the sentence of life imprisonment. The court went on the state that since the defendant committed an armed bank robbery on the same day that he was released for another bank robbery jail time, it is clear that the defendant was a career criminal and under the statue, such criminal should be dealt with in severe way. So the punishment rendered to the defendant was not repugnant to the parameters of the statue.

Concurring Opinion (Judge Posner): Judge Posner felt that the life imprisonment without the possibility of parole was too harsh of a punishment for the defendant. Judge felt that the defendant should have received only about 20 years of jail time because by the age of 55, it is hard to see the defendant committing any more robberies. The Judge also felt that this severe punishment did not provide any deterrence for other bank robbers because most bank robbers do not have reasoning power and also, at 35, a reasonable bank robber will be deterred by a 20 year sentence just as much as by a life imprisonment sentence.

My $0.02: I agree with Judge Posner. Now why do we want to keep the defendant in jail for the rest of his life. I, as a taxpayer, find it very troubling. Just keep the guy in prison for 20 or so years and after that release him. I don’t see any oldies committing bank robberies out there. Also, the defendant was a career criminal, but he was not a monster or something. He didn’t kill or hurt anyone in the robberies he committed.

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