Did Jared Fogle Get What He Deserves?

Jared Fogle became the face of Subway after he reputedly lost an ungodly amount of weight on a Subway sandwich diet, and he was, for a time, arguably one of America's most beloved pitchmen. But now he's become America's boogeyman in the wake of a 15 years and 8 months prison sentence resulting from a plea deal for soliciting and paying to have sex with minors and for possessing and trading in child pornography.

As one might expect, people are alternately vilifying him and celebrating his judicial fate. But I take no more pleasure in Fogle's predicament than I do from contemplating the harm he's caused his family and the children he allegedly abused. For I believe that Fogle's actions were the result of a sickness he couldn't resist and that this makes him as much a victim of that sickness as are any of the children he may have molested.

Thus, I have grave misgivings about his harsh sentence if it was imposed for retributively punitive reasons, because it seems to me unfair and unjust to inflict retributive punishment on someone for doing something he couldn't help but do.

I also doubt that such a lengthy sentence is a significantly larger deterrent than a much lesser sentence would be. I wonder if any research has been done in the area of the comparative deterrent effect of various prison sentences for these kinds of crimes.

One thing that such a long sentence WILL accomplish is prevent Mr. Fogle from abusing any more children for the duration of his incarceration. But if it were possible to know with certainty that he wouldn't abuse more children after he got out, I'd support letting him out far sooner.

It's my understanding that federal sentences like this tend to be carried out to the full or nearly so, and, indeed, I've read that Fogle will have to serve a minimum of 13 years no matter how well he behaves himself behind bars. And then he may face an even sterner test upon release as he confronts extreme social ostracisim and feelings of profound shame as well as the severe residential restrictions, occupational limitations, and other monumental hardships that attend having to register as a sex offender for the rest of one's life.

So, I'm thinking that he has a tremendously difficult road ahead of him as a result of his sickness, and, again, I feel sorry for him as well as for the children he abused.

Reflections on the Madoff Sentence

Bernard Madoff was sentenced to 150 years in prison today for perpetrating an elaborate Ponzi scheme that swindled untold numbers of people out of a reputed tens of billions of dollars over a period of over twenty years.

I feel ambivalent about his sentence. On the one hand, Madoff ruined the lives of so many people that I believe he should spend the rest of his life in prison. Indeed, if we're going to have a death penalty, and the death penalty is reserved for those who commit the most destructive crimes, I believe that Madoff should receive the death penalty, even if that might be less punitive than enduring years if not decades in prison with no hope of getting out.

On the other hand, I'm a psychological determinist. That is, I believe that everything we do is the inevitable result of psychological causes that we did not cause. I don't know what caused Madoff to do what he did, but I believe that, given the interplay of his genetics, his brain structure and functioning, his environment, his life experience, and who knows what else, Bernie Madoff had to do what he did.

Yet, if that's true, how fair or just is it to punish Madoff with a life sentence for doing what he couldn't help but do? I wrestle with this question not only with respect to Bernie Madoff but also with respect to everyone convicted of any crime. I haven't arrived at any clear answers. But so far as Madoff is concerned, I believe that had he known before he began defrauding people that he could receive a life sentence for it, he might well never have done it, and others will almost certainly be deterred by his sentence from doing something similar. I also believe that "we the people" have a sense that justice has been served in the Madoff case and that this is better for our country than if we had the sense that guys like Madoff always get off relatively easy while the rest of us would have the proverbial book thrown at us for far less impactful crimes.

As I read what I've just written, I guess I'm making a utilitarian argument for Madoff's sentence. I'm arguing that its effects on potential white collar criminals and society as a whole is likely to be more good than bad. But still, to a psychological determinist like me, it hardly seems fair or just.

What's more, it would be interesting to ponder what I would think of Madoff's sentence if I could somehow know that it was unlikely to deter others from committing similar crimes or was unlikely to have a net positive effect on society. I suppose the vengeful part of me would still rejoice in Madoff's sentence. But another and presumably wiser part of me would probably feel profound misgivings.

But what I would like to see now is an effective investigation into just how Madoff was able to perpetrate fraud on such an incredible scale for such an amazingly long time despite ample cause for suspicion and even credible warnings that he was up to no good. Who wasn't on the ball, or worse, and what should our justice system do with THEM?

How Should We Respond?

I and many others are upset over a recent story out of Santa Rosa, California. On June 19, two fifteen-year-old girls poured accelerant over a feral kitten trapped in a cage, lit him on fire, and laughed while he writhed and howled in pain. Community outrage was immediate, and money poured in for information leading to the arrest of the perpetrators of this horrendous deed. The kitten survived, is now undergoing treatment for its injuries, and it appears as though he may recover. Meanwhile, witnesses finally stepped forward and identified the girls, and they were arrested and taken to juvenile hall.

In the comments section of a local paper, people expressed their anger and hatred toward these girls, suggesting that they be punished with everything from prison to "an eye for an eye," or, in this case, a burning for a burning. Relatively few expressed any sympathy for the perpetrators of this sick act, much less urged that they receive psychological treatment rather than punishment.

I must admit that my initial response was also more vindictive than reflective. Here is what I wrote in the comments section:

Had I seen these girls laughing while that kitten burned and cried, I don't know what I might have done to them in a blind rage. It wouldn't have been right, but it would be understandable. I agree with those who say that these girls must have been mentally ill or deficient in some way to do what they did, and that such a condition is the likely result of a difficult life quite possibly filled with abuse. Nevertheless, as I grow older, I am less inclined to accept these explanations, as true as they might be, as excuses for letting the perpetrators, if they are adolescents or adults, off with a proverbial slap on the wrist. I agree with those who have suggested that these girls should be forced to spend time in burn wards watching patients undergo debridement and skin grafting. They should also be forced to watch similar treatment of the kitten they burned.

I also agree with those who suggest that we need to return to using public shaming for crimes. These girls should be forced to appear in public wearing signs describing what they did. Their parents should also be required to pay the vet bills for the kitten, or, if they are living here illegally, they should be jailed and then deported along with their daughters. Society needs to send an unequivocal message that extreme animal cruelty is utterly and completely unacceptable and will not be tolerated. Parents need to know that they bear significant responsibility for the crimes their children commit. And if would-be parents are living in human ratholes such as the Papago Court Apartments, they should think twice about having kids until they can provide them with better circumstances for their upbringing. With the right to have kids there should also be the responsibility to raise them properly along with serious consequences for failing to do this.

But a few days later I had calmed down enough to write the following in response to someone who argued that because he knew people who had been abused as children and did not proceed to abuse animals, child abuse does not cause animal abuse:

I agree with jgp that not everyone who's abused as a child ends up torturing animals as a result and that people need to be held responsible in some fashion for the terrible things they do no matter what their backgrounds happen to be. However, the fact that not everyone who's grown up in difficult circumstances does what these girls did does not prove that growing up in difficult circumstances did not cause or partially cause these girls to act the way they did, any more than the fact that not everyone who is stung by a bee goes into anaphylactic shock proves that bee stings never cause this deadly condition. Nevertheless, I believe that these girls need to face severe, but not wantonly cruel, consequences for their horrendous deed. They and the public at large need to know that we as a society regard such sadistic behavior as beyond the pale of human decency and beyond our tolerance.

As I review my comments above, I wonder whether and to what degree I may be contradicting myself. If I believe that what these girls did is sick, and I do believe this, and I believe that this sickness may result from a bad upbringing, which I think is distinctly possible, am I being consistent in calling for these girls to be publicly shamed, incarcerated, and perhaps even deported along with their parents for their criminal cruelty? If these girls could not help doing what they did under the circumstances in which they did it, am I urging that society be too punitive toward them? What IS the proper way to handle people who commit these kinds of acts?

I guess I think that people torture helpless animals because either their sick urge to do this overpowers their normal inhibitions from doing it, or they lack the normal inhibitions to keep from doing what mentally healthy people do not wish to do in the first place. Furthermore, they did not wake up one morning with healthy desires and normal inhibitions and suddenly freely choose to desire sick things so much that they acted them out. They did what they did because their mind, brain, society, and culture aligned themselves in such a manner at that particular time that they produced the acts in question.

But if this is true, what should we as individuals and as a society do about it? What should we do with these girls? Does it make any sense at all to punish to any degree a sick act that these girls, under the circumstances, could not help but commit? Or is this not unfair?

I do not know what you, dear reader, think, although I hope you will tell me. But I am inclined to think that there is such a thing as appropriate punishment for acts such as these and that it would closely approximate the multi-pronged approach I outlined earlier: incarceration, restitution, empathy training, and public shaming. I am inclined to believe that these punitive measures are not excessive and may very well work together to help create a constellation of conditions which deter these girls and others from committing similar crimes in the future, as well as provide society with the vital sense that justice has been done.

A Beacon in the Darkness

19-year-old Jennifer Ross died on an operating room table a week after being shot while resisting a robbery attempt on Christmas Eve night last year . On Saturday, her convicted killer, 26-year-old Michael Thorpe, cursed and flipped the bird at the judge who sentenced him to life in prison plus 40 years for the girl's murder. I don't believe in the death penalty, but I do believe that Thorpe deserves to spend the rest of his life in prison for his crime.

I don't know what caused Thorpe to commit his terrible crime or to brag about it afterward. But I'd like to think that his sentence may deter others from following in his footsteps and will, at the very least, prevent Thorpe himself from repeating his crime. Yet, even though I don't believe that Thorpe should ever be released from prison, I hope that he finds a way to redeem himself in prison and to help others do the same. His outburst in court would not seem to bode well for his chances of accomplishing this. But I'd like to believe that at the core of every human being lies the wondrous possibility of a quantum leap in personal transformation. I say "I'd like to believe" because I'm not sure I really do. I've been around too long and witnessed too much human violence and depravity to feel convinced that we all possess the magical capacity to rise above the baser aspects of our nature.

However, I believe without question that at least some of us are in touch with a profound and glorious wisdom and strength that virtually no hardship or injustice can steal from us. Jennifer Ross' mother, Coren, reflected this in her remarkable statement after the sentencing. Rather than lash out in hatred and bitterness against her daughther's killer, she opened her heart to pour out her grief over her and her family's loss: "We are broken, both individually and collectively," she said. "Rusty [Jennifer's father] will not walk Jennifer down the aisle at her wedding ... I will not caress her pregnant tummy." But she proceeded to speak of how her daughter's death has at least occasioned an impending deployment of surveillance cameras in busy areas that may discourage future crimes, and she dispelled the notion that race (her daughter was white while her killer and his accomplices were black) played a role in her daughter's murder or in the conduct and outcome of the trial by sagely observing, "Jennifer's murder galvanized and energized everyone who heard about it because it showcased two mentalities, one which still believes you must work for what you want, and one which believes that you can take what someone else has worked for."

Finally, Coren Ross displayed extraordinary compassion when she said of the mothers of her daugher's killers, "We mothers have a whole lot more in common than some people might expect. My heart just breaks for them." Previously, just before the trial, she had said, "I believe these young men to be victims as much as anything else. There is part of me that would say to them, 'I'm so sorry that your life brought you to this point.'"

I am awed and inspired by the beauty of this woman's unconditional love, wisdom, and compassion in the face of awful tragedy. May we find it in ourselves to follow her resplendent example through whatever "slings and arrows of outrageous fortune" may befall us.