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January 16, 2010

You be the judge: what sentence would you give to Gilbert Arenas following his plea?

As detailed  this Washington Post article, which is headlined "Arenas awaits sentence on gun charge, fate in NBA," the gun fun had by NBA star Gilbert Arenas last month has now made him a great subject for discussion and debate in a sentencing seminar.  I have asked this same sentencing question in this post at my main blog, and here are the key legal basics to keep in mind as reported by the Post:

Arenas won't know whether he must serve jail time until his March 26 sentencing and remains free until then.  The government indicated it will not seek more than six months, although the judge can give Arenas anywhere from probation to the charge's maximum term of five years.  Guidelines call for six to 12 months.

I am especially interesting in having students think about these Chapter 2 "who sentences" topics as we contemplate Arenas's possible sentencing fate:

1.  How should the fact that Arenas is suffering a multi-million dollar "punishment" from the NBA and the Washington Wizards impact Arenas's sentencing outcome?

2.  How should the fact that DC's advisory sentencing guidelines impact Arenas's sentencing outcome?

3.  How should the fact that prosecutors have agreed not to seek a prisoner term of more than six months impact Arenas's sentencing outcome?

4.  Are there any victims of Arenas's offense of one count of carrying a pistol without a license in the District of Columbia whose interests should be considered?

5.  How should the fact that Arenas agreed to plead guilty impact Arenas's sentencing outcome?

6.  If Arenas were to start doing prominent and significant anti-gun-violence community service, how should that fact impact Arenas's sentencing outcome?

7.  Should any sentencing outcome be subject to appeal (by either prosecutors or Arenas)?

January 16, 2010 in Interesting new cases, Who decides | Permalink


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