I’ve ran into some really ugly things in the criminal justice system, and perhaps the ugliest, is the way judges abuse sentencing discretion.
Sentencing isn’t supposed to be a roll of the dice; but often, especially in Barry County, Michigan, defendants and their families are left wondering why someone got hammered with an extreme sentence while someone else, in a nearly identical case, walked away with probation or time served.
This is where the legal concept of arbitrary and capricious sentencing comes into play. Let’s unpack what it means, what judges can and can’t do, and what you should do if you suspect it’s happening.
What is Arbitrary and Capricious Sentencing?
Arbitrary and capricious sentencing happens when a judge issues a punishment that’s random, unjustified, or based on improper reasons, essentially, when the sentence defies fairness or reason.
This is especially true and even more egregious if the case had the same judge and prosecuting office, such as People v. Handley and People v. Cobbs.
Read more here.
Judicial Discretion
Yes, Michigan judges have discretion, but they are bound by:
- The Michigan Sentencing Guidelines
- Requirements to explain any departures from the guidelines
Judges cannot:
- Punish someone more harshly just because they went to trial instead of taking a plea
- Hand down wildly disproportionate sentences without solid, articulated reasons
- Let personal bias or emotion dictate punishment
Real Michigan Case Examples
Let’s look at some actual Michigan examples to bring this issue to life:
People v. Smith (2008)
The Michigan Supreme Court ruled that sentencing departures must be supported by substantial and compelling reasons. In that case, the court found that the trial judge’s reasons for going above the guidelines were not strong enough, and the defendant was resentenced.
People v. Milbourn (1990)
This landmark case set the rule that appellate courts can review whether a sentence is proportionate. The Michigan Supreme Court emphasized that even when guidelines are advisory, a sentence must still be reasonable.
Wayne County Plea Disputes
There have been multiple instances where defendants weren’t offered plea deals depending on the judge they were going in front; specifically Judge Lawrence Talon.
Barry County Judge Michael Schipper
As mentioned above, Judge Schipper sentenced a man to 10-15 years in prison, but in a later case, sentenced a 19-year-old woman to 6 months (with good time, her sentence will be half that). He also offered her speaking engagements.
In another case, a male defendant was sentenced to 10–20 years for a charge where, under the same judge and prosecutor, an elderly female defendant received 12 months in jail, serving just 9 months.
Without a legally valid reason for the difference, these cases raise red flags about fairness, and demonstrate that Schipper is not handing down fair and uniform sentencing, once again demonstrating his crippling lack of ethical turpitude, empathy, and most critically, ability to follow the law.
What Judges Can and Can’t Do
Judges can:
- Consider unique factors in each case, like prior history, remorse, and victim impact
- Depart from guidelines, but only when they state clear, valid reasons on the record
Judges can’t:
- Behave like Michael Schipper, handing out harsher punishments just to “make an example” or penalize a defendant because they wouldn’t take a plea, something else he is famous for and did in the case of Dean Myers.
- Ignore similar case precedents without justification.
- Apply personal beliefs or biases in ways that distort sentencing.
What Should Defendants and Families Do?
If you suspect arbitrary or capricious sentencing, take action:
Request the Sentencing Transcript: Get the official record of what was said in court, especially the judge’s explanation for the sentence.
Compare Similar Cases: Use public court records to see if the sentence stands out compared to others.
Consult an Appellate Attorney: Timing matters. You have a specific window to file an appeal or motion for resentencing.
File for Resentencing or Appeal: Michigan law allows challenges to disproportionate or unjustified sentences, but you need strong legal arguments and evidence.
Wrapping it Up
Arbitrary and capricious sentencing isn’t just unfair; it’s unconstitutional.
Long sentences, as the data demonstrates time and again, do NOT deter crime.
In fact studies find they have no real deterrent effect at all, meaning Judges like Judge Schipper aren’t using science or logic in their sentencing.
If you or a loved one has been sentenced unfairly, don’t stay silent. Michigan courts have reversed and reduced sentences where judges abused their discretion, but you must act fast and with expert help.
If you’re living in a Michigan county with these kinds of unconstitutional practices, make your voice heard by starting a political action committee and informing voters of the injustices happening.
Remember: justice isn’t about the verdict, retaliation, or purposeful cruelty. It’s about fair punishment.
