“[M]uch artistic expression, by its very nature, has an ambiguous relationship to the performer’s personal views”: So writes Senior Circuit Judge Bruce M. Selya in an interesting sentencing-related decision that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.
Judge Selya continues:
That an actress plays Lady Macbeth, or a folk singer croons “Down in the Willow Garden,” or an artist paints “Judith Beheading Holofernes,” does not, without more, provide any objective evidence of the performer’s motive for committing a crime, of his personal characteristics (beyond his ability to act, sing, or paint, as the case may be), or of any other sentencing factor.
And later in the opinion, Judge Selya observes, “This gets the grease from the goose.”
Posted at 8:30 PM by Howard Bashman