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Fitting a punishment to a criminal often tricky in court
By Edith Brady-Lunny
eblunny@pantagraph.com
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BLOOMINGTON — Anthony Fletcher may be collecting Social Security benefits by the time he finishes two prison terms for the same crime.

The 43-year-old convicted child pornographer is among a handful of McLean County defendants who may serve terms in both federal and state prison.

In July, Fletcher was sentenced to 29 years in state prison for abusing two underage girls and creating sexually explicit images of them. His sentence could double if he is convicted of violating federal pornography rules.  

“We completed our prosecution here and then they (federal prosecutors) took over the prosecution — it was separate and different from ours,” McLean County State’s Attorney Bill Yoder said. “Fletcher is going to serve a very lengthy sentence here, and then he’s going to serve a very lengthy sentence there.”

While prosecutors may dovetail state and federal prosecutions on parallel charges to maximize prison time, a public defender in another case may be seeking drug treatment to help keep a nonviolent offender from committing more crimes. Both are part of the larger goal of making sure the punishment really does fit the criminal. Not just the crime.

Each participant in a sentencing hearing plays a different role in the effort to achieve justice for the accused, the victims and the community. And the courtroom can be filled with competing issues, said Judge Elizabeth Robb, chief judge of the McLean County-based 11th Judicial Circuit.

The punishment for convicted defendants falls into two categories: community-based sentences and incarceration. Community-based sentences include various forms of probation with requirements such as mandatory substance abuse evaluations and treatment, visits with probation officers and restitution to victims.

If a defendant fails a community-based program or if the seriousness of the offense mandates time behind bars, a state prison sentence may be the only option.

“My goal and the goal of this office is to make certain that violent offenders who are a true risk are simply removed,” said Yoder. “If someone’s been through the system and gone through drug court program and demonstrated they’re not trying to conform to probation conditions, they’re leaving me with one recommendation: that would be to send them to prison.”

Offenders who meet certain sentencing criteria, including previous felony convictions, may be eligible for extended sentences that double the maximum prison term.

Little leeway for judges?

Judges must follow state sentencing guidelines that include mitigating and aggravating factors in the case, Robb said. A person’s potential for rehabilitation is at the top of a judge’s list when sentencing a defendant, she said. If probation is not a possibility, judges have little leeway.

“Sometimes you don’t have any options — it’s just a matter of determining the number of years a person will serve,” Robb said.

Beyond just trying to minimize a defendant’s time in custody, McLean County Public Defender Amy Davis said she also tries to address what may have caused that person to commit the crime in the first place. She estimated that 80 to 85 percent of the clients her office represents have substance-abuse problems.

“I try to address the underlying issues. I often send them to special treatment facilities before sentencing. It helps them see that part of the problem is there,” said Davis.

Anger management and domestic violence counseling are among the sessions Davis recommends.

Davis contends that the interests of the offender often are overlooked by prosecutors who focus intently on the elements of a crime.

The person — not the crime — should be punished, she said.

“From my standpoint, it’s very important to see the offender as a person and look at the whole picture, not just the crime,” said Davis.

Challenges for the defense

The county’s chief public defender faces several challenges, including mandatory sentencing guidelines set by state lawmakers and local prosecutors’ opposition to plea deals in certain cases, such as residential burglary.

Yoder’s office has argued such burglaries can lead to violent crimes if a person is home at the time. Defendants face between four and 15 years in prison if convicted of the non-probationable offense.

But the circumstances of a crime should be taken into consideration, said Davis.

“Each case should be dealt with on an individual basis — that’s the appropriate reaction,” she said.

At sentencing hearings, the prosecution views its role as an advocate for the community. 

“When someone is charged with a felony and we believe it’s because they’ve committed a crime, we believe they need to be held accountable for that offense and the victim needs to be made whole,” said Yoder.

Take a look
Judge Elizabeth Robb, in her office, August 23, 2007. (Pantagraph, David Proeber)
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Reader comments on this story - 15 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Thou errant shard-borne canker-blossom! wrote on Aug 26, 2007 7:58 PM:

" Have a nice day in court. "

To FYI wrote on Aug 26, 2007 7:22 PM:

" Actually, no, this isn't a case of Double Jeopardy. The state crimes are different than the Federal Crimes. The state crime is for the CREATING of the pornography; the federal crime is for the DISTRIBUTION. The State of Illinois cannot prosecute for the Distributing of the pornography, as it is a federal crime; The feds can't prosecute for the creation of the porn because it took place in one State, and the sate of Illinois is not Federal jurisdiction. Double Jeopardy is when the State or Feds try to charge you with a crime that you have already been found NOT GUILTY of, take for example, OJ Simpson: neither the State of CA nor the Feds can charge him with the murder of his wife and that dude... He's already been found not guilty. "

Old-timer wrote on Aug 26, 2007 4:34 PM:

" Many judges -with judge Robb at the top of the list- do a lousey job of protecting the innocent public!! They\she slap too many wrists when they should be giving long prison sentences "

Free the Judges wrote on Aug 26, 2007 3:26 PM:

" eliminate sentencing guidlines, and let JUDGES decide, untie their hands. "

Capt. Obvious wrote on Aug 26, 2007 10:50 AM:

" Here is a concept; What if the individual actually had to serve their full sentence (no chance of early parole, less time for good behavior, etc.) in an actual prison type setting? Might this have an impact on them to think before they contemplate committing another crime? I fully support ethical treatment of others, however how ethical can a person be if they are found guilty in a court of law and sentenced to do time! Should they have the same rights as those that are productive individuals within our society? Ponder this; upon release from a "correctional institution" (if that isn't an oxymoron in itself) look at a couple of things that are taken away from them... The right to bear arms (good thing for society - hope this never changes) and the right to vote. In regards to the right to vote, how many of these incarcerated individuals do you think may have been the first person in line to vote in their past? "

Capt. Obvious wrote on Aug 26, 2007 10:23 AM:

" Here is a concept; What if the individual actually had to serve their full sentence (no chance of early parole, less time for good behavior, etc.) in an actual prison type setting? Might this have an impact on them to think before they contemplate committing another crime? I fully support ethical treatment of others, however how ethical can a person be if they are found guilty in a court of law and sentenced to do time! Should they have the same rights as those that are productive individuals within our society? Ponder this; upon release from a "correctional institution" (if that isn't an oxymoron in itself) look at a couple of things that are taken away from them... The right to bear arms (good thing for society - hope this never changes) and the right to vote. In regards to the right to vote, how many of these incarcerated individuals do you think may have been the first person in line to vote in their past? "

to "what about" wrote on Aug 26, 2007 7:38 AM:

" those cases you're talking about are never brought out to the public. Its up to the public and victim to let everyone else know. "

What! wrote on Aug 26, 2007 6:22 AM:

" A person’s potential for rehabilitation at the top of the judges list? If you look at some of the 2 page rap sheets and see the criminals did little if any time it seems the judges are failing the public! Next time you see an article on a crime look up the perp's record on the Mclean county website. This article is for nothing other than to take heat off of the poor job the judges are doing. "

To so wrote on Aug 26, 2007 2:22 AM:

" Where in the article did it say that he hasn't worked? "

I feel that all offenders wrote on Aug 26, 2007 12:22 AM:

" that use alcohol and/or drugs as well as those that have committed crimes against children deserve PRISON time. I don't care WHO the person is. There is not a person with even a pea brain walking around that doesn't know that alcohol, drugs, crimes against children, etc. is wrong. If there is, then we need to re-open a lot of the old mental health hospitals that were closed several years ago and fill them up with all of these idiots. We don't need these stupid people on our streets!! "

What about wrote on Aug 25, 2007 11:48 PM:

" the cases that get botched or negotiated to a much lower plea and there is no real penalty at all? "

Hmm wrote on Aug 25, 2007 10:03 PM:

" I may be wrong, but I think there is some kind of law that states they have to get paid something, even if it is a dollar a week for cleaning toilets... if they even do that. "

to so wrote on Aug 25, 2007 8:36 PM:

" Good question. I was wondering the same thing. "

FYI wrote on Aug 25, 2007 7:43 PM:

" That is double jeopardy anyway you cut it...and a double waste of time. The likelyhood of someone surviving 29 years in prison is quite low, and usually takes the fight out of them if they do get out. "

so wrote on Aug 25, 2007 7:14 PM:

" how can he collect social security if he hasnt worked? "
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