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16 ¦ FEBRUARY 24, 2020 NEWS

¦ From THE HARDEST on PAGE 15 it affects other innocent persons,
guidelines and statutory factors; such as family members. So I
the submissions of the parties, the agonize more over sentencing de-
probation office and victims; and cisions than any other part of my
their own judgment and experi- job.” [Daily Report Online]
ence,” Howell said.
Howell’s statement reflected her Judge Amy Berman Jackson’s >> Judge Theodore McKee of
sentencing of Roger Stone the U.S. Court of Appeals for
long history of studying sentenc- drew vast attention and the Third Circuit: “State side—
ing and handing out sentences.
“One measure of the fairness of faced enormous scrutiny. sentencing was very difficult; the

the sentencing hearing is that the emotional difficulty of sentencing
participants know what material is taxing.” [American Bar Asso-
the sentencing judge has read or ciation]
reviewed that may influence the
outcome,” Howell said in remarks
at the University of Chicago Law >> Retired U.S. District Judge

School in 2018. Jack Weinstein of the Eastern
District of New York: “Sentencing, that is to say
Writing at The New York Law Journal in 2018, punishment, is perhaps the most difficult task of a
former federal prosecutor Joel Cohen, now of coun- trial court judge. It turns on the judge’s heart and
sel at Stroock & Stroock & Lavan, said: “It seems life experience. It reveals the human face of the law.
to me that we want every single judge to struggle, Without empathy between judge and defendant,
perhaps in their own idiosyncratic way, every single sentencing lacks humanity. It becomes a form of ro-
time they are required to impose a sentence.” botism.” [Touro Law Review]

Here’s a look at some of the things judges have said >> The late U.S. District Judge Alicemarie
Stotler of the Central District of California: “Sen-
over the years about the challenge of sentencing:
>> Judge Denny Chin of the U.S. Court of Ap- tencing is usually one of the most difficult jobs for
peals for the Second Circuit: “It is just not a natural any judge to deal with, because the punishment has
or everyday thing to do—to pass judgment on peo- to fit the crime; the defendant and society’s rightful
ple, to send them to prison or not. I mean, there is needs in perhaps avenging some wrong which has
so much at stake, and there are so many different been done.” [Confirmation hearing, 1984]
considerations that come into play.” [The New York
Times]
>> Judge Gerard Lynch of the U.S. Court of
Appeals for the Second Circuit: ‘’I did not expect
>> Retired U.S. District Judge Ruben Castillo sentencing people to prison to feel good. But I was
of the Northern District of Illinois: “I have found sorry and surprised to find that the very first sen-
that every sentencing proceeding is unique, inher- tence I imposed felt like an injustice. And not a small
ently difficult to adjudicate, and involves the most one.’’ [Journal of Criminal Law and Criminology,
human aspect of our judicial-making process. ... The 2001]
more difficult decisions always involve sentencing
men and women with spouses and children to ex- >>U.S. Supreme Court Justice Sonia Sotomayor:
tended terms of confinement in prison.” [American “Crime is crime and to the extent that you’re pro-
Bar Association] tecting the interests of society, you take your cues
>> U.S. District Judge Clay Land of the Middle from the statute Congress gives and the sentencing
District of Georgia: “Taking away someone’s free- range that Congress sets. And so to the extent that in
dom is an awesome responsibility, particularly when all my cases I balanced the individual sentence with,

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