yeah the article has a special how can the punishment possibly fit the crime section… I found that interesting… its worth thinking about thats for sure… I personally am enraged that the guy is under house arrest in his mansion right now…. what are they hoping he will commit suicide or something? give him something to fear.. this man should be in jail with NO bail… are YOU kidding me? 50 billion stolen? we would be in the big house for knocking over a convenience store for a couple of bux…. what is he ROYALTY? even royalty were beheaded for sufficient reasons…. 
ok.. punnishment… hmmmm placed in an enclosure with starving rabid wolverines… while be given drugs to enhance sensation and slow bleeding… there…. hows that for a start?
Second: In the matter of Bernard Madoff, how can the punishment possibly be fit to the crime?
To me, the crimes he’s accused of beg for a punishment that is both cruel and unusual.
Does life without parole in a gentleman’s federal prison cut it? I don’t think so. Does life without parole in a facility devoted to violent petty criminals sound better? Yes, but the improvement is slight.
In medieval times a man who committed murder or treason could be declared an outlaw (.pdf file). This literally meant he was outside the law, no longer protected by the laws of his society. His property was forfeited. No one was allowed to provide him with food, shelter or aid. And anyone who found him could kill him.
When you look at the damage done, this wouldn’t be a cruel or unusual punishment. It fits the crime. It’s what we need for white collar financial criminals.
If you think I’m in a rage about this, you’re right. But I’ll bet you are too.
Whether you are or aren’t, I want to hear from you. E-mail me at [email protected], make sure “Punishment that fits the crime” is in the subject line, and tell me if you agree or not.
