1. Welcome! Please take a few seconds to create your free account to post threads, make some friends, remove a few ads while surfing and much more. ClutchFans has been bringing fans together to talk Houston Sports since 1996. Join us!

Eat the Rich...with a little nutmeg for extra flavour?

Discussion in 'BBS Hangout: Debate & Discussion' started by MacBeth, May 11, 2004.

Tags:
  1. MacBeth

    MacBeth Member

    Joined:
    Aug 19, 2002
    Messages:
    7,761
    Likes Received:
    2
    Martha Stewart's legal team is apparently about to propose that her jail term be reduced and/or converted to house arrest, and among the primary reasons for this, they claim, is that any exteneded period which Stewart serves in prison will likely result in substantial losses for her corporate empire, resulting in the need to cut back on employees. In other words, if she gets jail, she will be compelled to fire up to thousands of otherwise innocent employees.

    Now no one can fault her attorneys for this ploy, as repugnant as the underlying message might seem, but the greater question is whether or not there is any validity to the proposal. Should the judge consider this?


    On the one hand, it could be argued that a greater good could be served by reducing the negative effect of Stewart's actions on society by not allowing them to ceate further waves in the form of layoffs. While unusual, there are precedents.

    On the other hand, as even defense specialists acknowledged, this does essentially confirm the idea that if you are rich or influencial, the law is applied to you in a manner different from the norm. The court routinely sentences parents to extended imprisonment, disregarding the effect this will have on the criminal's children. Is being a wealthy employer a more significant role than being a parent?

    It could be argued that Stewart has already been subjected to a greater degree of legal pressure simply because of her status, but that is theoretical, while this concession would be defninitive.

    What do you think? Is a two tiered legal system merely a pragmatic admission of the material priorities we already possess, or would this be a step taking us down that road, in direct contradiction of our avowed principles?
     
  2. krosfyah

    krosfyah Member

    Joined:
    Aug 7, 2001
    Messages:
    7,816
    Likes Received:
    1,631
    If she was concerned about the livelihood of her employees, she should have thought of that before breaking the law.
     
  3. MacBeth

    MacBeth Member

    Joined:
    Aug 19, 2002
    Messages:
    7,761
    Likes Received:
    2
    Playing Devil's advocate here, I suppose the response would be that her concerns are irrelevent; that the layoffs are a reality which transcend the correlation between her crime and her punishment.
     
  4. GladiatoRowdy

    GladiatoRowdy Member

    Joined:
    Oct 15, 2002
    Messages:
    16,596
    Likes Received:
    496
    I am sure that most Americans would like to believe that everyone gets equal treatment under the law, but I think that everyone EXCEPT the rich and powerful recognizes that money and influence have a HUGE influence on crime and punishment in this country.

    Sad but true.
     
  5. bamaslammer

    bamaslammer Member

    Joined:
    Jun 11, 2003
    Messages:
    3,853
    Likes Received:
    4
    uh.......see OJ as proof that the rich and powerful, with enough cash, can buy justice. Guess he's out still looking for the real killers, eh? :rolleyes:
     
  6. JuanValdez

    JuanValdez Member

    Joined:
    Feb 14, 1999
    Messages:
    35,056
    Likes Received:
    15,230
    I think her lawyers should have to accompany her in her jail term for suggesting something so stupid.

    If we're talking about being pragmatic, the social cost of confirming that there is a different sort of justice applied to the rich would be far greater than the temporary unemployment of thousands of people. It will encourage more crime among the rich who see the deterrent lifted, more crime by the poor rebelling against an unjust system, depressed morale among workers, and a slackening of integrity throughout society. I'm willing to take the hit from the collapse of a poorly-structured company (how smart is it to base the viability of a large company on one person?) over the deleterious effects of saving it. After all, other companies are already filling Martha Stewart's niche, and they'll likely be hiring her employees.
     
  7. MacBeth

    MacBeth Member

    Joined:
    Aug 19, 2002
    Messages:
    7,761
    Likes Received:
    2
    Apparently he thinks that the killer was a caddy, as his search has predominantly covered golf courses across the globe.
     
  8. BlastOff

    BlastOff Member

    Joined:
    Feb 14, 1999
    Messages:
    1,775
    Likes Received:
    95
    Interesting topic, MacB.

    You have me wondering how such ruling would have applied to WorldCom or Enron...
     
  9. krosfyah

    krosfyah Member

    Joined:
    Aug 7, 2001
    Messages:
    7,816
    Likes Received:
    1,631
    They actually are relevant concerns. It is an interesting situation because it is rare the one individual is so closely tied to the well being of the corporation itself.

    All that being said, you can't allow somebody to set that precident. Otherwise, others will inevitabely attempt to utilize that as a defense too maybe even before sentencing.

    So it is tough love, but if somebody is that directly tied to the well being of so many people, they have a moral responsibility to society. In my mind, they gotta go to jail.
     
  10. bamaslammer

    bamaslammer Member

    Joined:
    Jun 11, 2003
    Messages:
    3,853
    Likes Received:
    4
    I noticed that too. Interesting thread, lacking from the bile we usually see in the D & D. I agree with whoever it was that said she should have thinking about the consequences, both to her freedom and her employees, before she broke the law.
     
  11. aghast

    aghast Member

    Joined:
    Aug 7, 2003
    Messages:
    2,329
    Likes Received:
    169
    With Stewart, isn’t the damage already done? Didn’t the value of her company begin to decline (perhaps not as precipitously), not with her conviction, but with the initial allegation/investigation of her Imclone wrongdoing?

    JuanValdez articulated the counterarguments better than I could, but with this aspect, it seems to me that there’s no need to make justice’s short-sightedness law. In business, which correlates with some precision to wealth, appearance seems paramount. Not many of the Enron, Worldcom, etc. executives have been convicted/entered pleas, yet those companies seem irrevocably wounded. Even Simpson is no longer strutting the NBC sidelines in his Bruno Maglis, or hurdling suitcases in his sprints to the rent-a-car line.

    I don’t think we need to codify the tacit division of justice between rich and poor. As long as the press is doing its job (granted, a big if), or stockholders do their homework (“), merely the possibility of malfeasance, not the conviction for it, should be enough to scare the wealthy away from breaking the law with abandon.

    There’s a correlation here, I think, to politics: I’m thinking of Nixon/Watergate tapes, and (hopefully) Cheney/energy council.
     
  12. MadMax

    MadMax Member

    Joined:
    Sep 19, 1999
    Messages:
    76,683
    Likes Received:
    25,924
    Too much of a double-standard. If I commit a crime as a middle-manager, I'm screwed...but once I get the top job, I can do what I want, knowing that I'll only get a slap on the wrist. So much for the deterrance of criminal behavior.
     
  13. GladiatoRowdy

    GladiatoRowdy Member

    Joined:
    Oct 15, 2002
    Messages:
    16,596
    Likes Received:
    496
    Only one of hundreds or maybe thousands of examples.
     
  14. Sishir Chang

    Sishir Chang Member

    Joined:
    Nov 12, 2000
    Messages:
    11,064
    Likes Received:
    8
    I agree this is a terrible argument. Under that reasoning not only could any rich corporate leader lessen there sentence but so could any prominent figure. A mayor indicted of embezzling could argue that to convict him would damage the running of the city and hurt tourism.

    To undermine the rule of law will do far more damage to our economy than giving breaks to prominent figures.
     
  15. Sishir Chang

    Sishir Chang Member

    Joined:
    Nov 12, 2000
    Messages:
    11,064
    Likes Received:
    8
    Maybe its just that we can't stand Martha Stewart. ;)
     
  16. pippendagimp

    pippendagimp Member

    Joined:
    Sep 1, 2000
    Messages:
    27,790
    Likes Received:
    22,790
    Why can't her several hundred million in assets just be distributed to the employees/shareholders while she rots in jail? Better yet, give her the chair and let the employees retain exclusive filming rights so they can copies of the video for $69.95 and recoup some of their losses.
     
  17. bamaslammer

    bamaslammer Member

    Joined:
    Jun 11, 2003
    Messages:
    3,853
    Likes Received:
    4
    It sticks out, like a pair of bloody gloves or a white Bronco. Remember the surreal nature of that chase?
     
  18. GladiatoRowdy

    GladiatoRowdy Member

    Joined:
    Oct 15, 2002
    Messages:
    16,596
    Likes Received:
    496
    Only because I was SOOOOOOO pissed that we were watching that instead of the FRICKING NBA FINALS!!!
     
  19. bamaslammer

    bamaslammer Member

    Joined:
    Jun 11, 2003
    Messages:
    3,853
    Likes Received:
    4
    Exactly. My thoughts were "He was a once-great athlete who was reduced to being the punchline in the Naked Gun films and now.....they're going wall-to-wall with this!?" Arrggh!!!!!!!!
     
  20. GladiatoRowdy

    GladiatoRowdy Member

    Joined:
    Oct 15, 2002
    Messages:
    16,596
    Likes Received:
    496
    The part that REALLY pissed me off is that they preempted the Houston/New York game IN HOUSTON AND NEW YORK! I might be able to understand preempting a sitcom or NYPD Blue, but that was a frickin' Finals game.

    grrrr

    :mad:
     

Share This Page

  • About ClutchFans

    Since 1996, ClutchFans has been loud and proud covering the Houston Rockets, helping set an industry standard for team fan sites. The forums have been a home for Houston sports fans as well as basketball fanatics around the globe.

  • Support ClutchFans!

    If you find that ClutchFans is a valuable resource for you, please consider becoming a Supporting Member. Supporting Members can upload photos and attachments directly to their posts, customize their user title and more. Gold Supporters see zero ads!


    Upgrade Now