Baseball Crank
Covering the Front and Back Pages of the Newspaper
November 4, 2002
LAW: Idiot Box 1, Devil's Workshop 0

The Second Circuit vacates a sentence that barred the defendant from watching TV while under home confinement, rejecting the District Court's conclusion that the defendant should be forced to spend some time with himself:

"[L]acking [in the record] is a sufficient relationship between the television restriction and the abatement of Bello's criminality. Even if contemplation is deemed somehow more beneficial for this defendant than for most others (for reasons not clear from the record), we are inclined to agree with Bello that because other amusements are available to him at home, there is no reason to assume that in the absence of televised entertainment he will tend to his conscience. Bello cites radio and the Internet as ways he might spend his time at home without resort to silent introspection. He could add crosswords and jigsaw puzzles, not to mention light reading. For all the record shows or the district court has found, Bello is as likely to occupy his mind by planning his next crime as anything else"

Posted by Baseball Crank at 9:34 AM | Law 2002-04 | Comments (0) | TrackBack (0)
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