More on Making an Example of SomeoneMike Rappaport

Some comments and e mails raised concerns about my objection to making an example of someone. 

To make an example out of someone involves not applying the usual punishment, but instead applying a much harsher punishment in order to express to the community the seriousness of the offense.  In this sense, it involves a judge departing from the normal rules to apply an exceptional punishment. 

Now, it might be argued that this departure from the normal rules can be justified to make clear to the community the seriousness of the crime and therefore as a means of promoting deterrence.  That is, we should allow the judge discretion to depart from the normal rules to secure a better result.  The question, though, is whether that is likely to happen.