Sentencing Consultants

By now, most of us are familiar with jury consultants, brought in solely for their supposed expertise in picking a favorable jury during voir dire. But apropos Martha Stewart's brand spankin' new five month prison sentence, word comes of a new legal industry: sentencing consultants:

Ms. Stewart's hire is not an anomaly these days. As white-collar criminals increasingly face jail terms, a group of consultants is helping them transition from life in the fast lane to life behind bars.

Some advisers focus solely on the sentencing process, often convincing judges to hand down shorter and lighter penalties. Others are more all-encompassing: part legal adviser, part psychiatrist, and part friend, as they help defendants and their families prepare for the shock, humiliation, and isolation that often accompany a prison sentence.

Those familiar with the business say the industry is in great demand from white collar criminals, ranging from child pornographers to CEOs accused of stealing corporate funds.

Well it looks like Stewart got the minimum reasonable sentence, but who knows how much this consultant had to do with it. The lower end of the guidelines suggest 10 months, and the judge split that into 5 months in prison and 5 months home confinement. Speaking of which, is there really a sensible way to think of 5 months confined in Martha Stewart's home as punishment? I'd pay for that opportunity.

But for those who think Stewart's five months in prison will also be a walk in the park, don't be so sure:

[I]t's not a given that a white-collar criminal will go to a federal prison camp. Lea Fastow, convicted of Enron-related crimes with her husband, former Enron finance chief Andrew Fastow, entered a maximum security facility this week because there was no room in a camp. "She will spend most of her time locked down; it will be terrible," says Hoelter.

And one must be prepared for a new social hierarchy:

Novak also tells clients to go without notions of superiority. "It's very easy to delude yourself that you are superior to your fellow inmates," says Novak. "Federal prison is truly the great equalizer."

That's one way to look at it.