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TIME: Almanac 1995
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<text id=89TT2907>
<title>
Nov. 06, 1989: The Wrath Of Maximum Bob
</title>
<history>
TIME--The Weekly Newsmagazine--1989
Nov. 06, 1989 The Big Break
</history>
<article>
<source>Time Magazine</source>
<hdr>
LAW, Page 62
The Wrath of "Maximum Bob"
</hdr><body>
<p>Jim Bakker's stiff punishment raises questions over sentencing
</p>
<p>By Alain L. Sanders/Reported by Jerome Cramer/Washington and Tom
Curry/New York
</p>
<p> At times the proceedings looked more like a tragicomedy
than a federal criminal trial. First a Government witness
fainted on the stand, then the defendant suffered a
hallucinatory breakdown and was carted off for psychiatric
tests. Even nature played an impromptu walk-on part as Hurricane
Hugo temporarily suspended the federal trial in Charlotte, N.C.
</p>
<p> Last week, however, the soap-opera proceedings turned
deadly serious for Jim Bakker. Convicted 19 days earlier of
fraudulently raising $158 million in contributions from his
adoring flock, the smooth-talking, scandal-plagued televangelist
drew a stunning 45-year prison sentence and a $500,000 fine.
</p>
<p> "I'm deeply sorry for the people who have been hurt,"
Bakker contritely told U.S. District Judge Robert Potter just
before the sentencing. "I have sinned. I have made mistakes. But
never in my life did I intend to defraud anyone." That
last-ditch bid for leniency made little impression on the judge,
known as "Maximum Bob" because of his penchant for stiff
sentences. "Those of us who do have a religion are sick of being
saps for money-grubbing preachers and priests," Potter angrily
told the defendant. Bakker, 49, was quickly bound in handcuffs
and leg-irons and driven to a federal facility in Talladega,
Ala., to begin serving his time. He is to be transferred to a
medium-security medical center in Minnesota and as signed to its
work crew. Unless the conviction or sentence is reversed on
appeal, he will stay behind bars for at least ten years before
becoming eligible for parole.
</p>
<p> In a country where convicted murderers are sentenced to an
average of 20 years, Bakker's punishment seemed excessive and
arbitrary to many people. "Before some judges, Bakker might
have gotten off with little more than probation," said a federal
judge, who declined to be identified.
</p>
<p> The stiff prison term once again drew attention to the
glaring inequalities that often characterize sentencing
decisions in the U.S. Despite efforts at reform, much of the
nation's criminal sentencing system is still based on an
idiosyncratic set of decisions made by crime-busting
legislatures and individual trial judges. New York State law,
for example, sets extremely broad parameters for various crimes
-- one to 25 years for a bank robbery, 1 1/2 to 15 years for
first-degree assault -- but leaves it to the discretion of each
judge to fix the actual sentence. The theory behind this system
is that punishment should be tailored to such factors as the
circumstances of a crime and the culpability of the individual
defendant.
</p>
<p> The problem, of course, is that a case-by-case approach can
easily create inconsistencies. For one thing, legislatures are
not always careful to calibrate each offense according to its
severity; this can lead to situations in which an armed assault
can draw the same penalty, say 15 years, as a simple robbery.
In recent years, moreover, disparities in the punishments
prescribed for various crimes have been exaggerated by
legislators' tendency to enact mandatory minimum sentences,
particularly for drug crimes.
</p>
<p> Many jurists oppose this policy as an encroachment on their
prerogatives. Like the American Bar Association, Federal
District Judge Marvin Aspen complains that "mandatory sentencing
gets rid of judicial decision making." Tailoring a punishment
to the criminal, he says, means that sentences should be
appropriately different for each defendant.
</p>
<p> Critics of sentence tailoring claim that it results in
gross inequalities. They point out that the main beneficiaries
of judicial discretion are frequently white-collar criminals,
who draw lighter jail terms or alter native sentences that keep
them out of prison altogether. On the other hand, high-profile
defendants sometimes bear the brunt of judicial wrath in order
to be made a societal example -- something that Bakker's
supporters claim has happened in his case. Finally, punishments
that seem appropriate or are possible vary from community to
community. This, says New York State Judge Steven Fisher, can
lead to the creation of numerous "free-market systems," each
reflecting what the local punishment market will bear.
</p>
<p> Reformers are trying to bring some sense of rationality to
this chaotic system. In 1984, following numerous complaints
about sentence disparities, Congress created the U.S.
Sentencing Commission. Its task: to develop for each type of
federal crime a uniform punishment grid, carefully weighted to
take into account such variables as the use of a gun, the amount
of money stolen, and the age of the victim. Federal judges whose
sentences deviate from these guidelines must state their reasons
in writing, and their rulings are subject to appellate review.
</p>
<p> The new federal system, which took effect in 1987, appears
thus far to be an improvement over most state systems. But its
ultimate effectiveness remains uncertain. For one thing, says
Samuel Alito, the U.S. Attorney in Newark, N.J., "we don't know
how courts of appeals will treat departures from the
guidelines." Other experts, such as Columbia University law
professor Gerard Lynch, argue that the process of adjusting to
the new procedures can be beneficial "if it forces judges to
articulate what they are doing." The U.S. Sentencing Commission
can then analyze whether any changes in its grid of punishments
are called for.
</p>
<p> For Jim Bakker, however, federal sentencing reforms have
come too late: the crimes for which he was convicted were
committed before the federal guidelines went into effect. Had
they been applied in his case, he would have received a maximum
prison term of only six years, say most experts. Maximum Bob
gave him more than seven times that.
</p>
<p> Average sentence length, in years:
</p>
<table>
<row><cell type=a>Murder<cell type=n>20.4
<row><cell>Rape<cell>9.4
<row><cell>Robbery<cell>8.0
<row><cell>Arson<cell>6.7
<row><cell>Fraud<cell>3.9
<row><cell>Bakker<cell>45.0
</table>
</body>
</article>
</text>