{"id":52091,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/how-much-time-will-martha-stewart-do.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"how-much-time-will-martha-stewart-do","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/how-much-time-will-martha-stewart-do.html","title":{"rendered":"How Much Time Will Martha Stewart Do?"},"content":{"rendered":"\n
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How Much Time Will Martha Stewart Do?:
How Her Sentence Will Be Calculated, And How Long It May Be<\/span><\/h1><\/td>\n <\/tr>\n

By MARK H. ALLENBAUGH<\/h2><\/a><\/td>\n <\/tr>\n

Wednesday, Mar. 10, 2004<\/td>\n\n <\/tr>\n <\/table>\n

Now that Martha Stewart has been convicted by the jury on all counts, what sentence will she be likely to face? <\/p>

\tStewart’s destination, at least, is clear: A minimum security federal prison camp for women — most likely the one in Danbury, Connecticut (inmate population 235) where hotel magnate Leona Helmsley served time. But her sentence has yet to be determined. <\/p>

Nonetheless, some initial comments may be offered. It’s plain that Stewart has already made some mistakes that will lead to her serving a longer sentence than she had to for her offenses. And if she is not careful, she may make additional mistakes that have the same effect. <\/p> <\/b>

Could Stewart Win on Appeal, and Serve No Time At All? <\/p>

\tBefore we consider Stewart’s possible sentence, we should consider briefly the possibility that her convictions will be reversed on appeal. <\/p>

Statistically, that possibility is slim. According to a 2001 Special Report by the Bureau of Criminal Justice Statistics on Federal Criminal Appeals, defendants convicted at trial lost their appeals 73.7% of the time. Stewart thus has only approximately a one in four chance of success. <\/p>

Moreover, even if Stewart won her appeal, all she might get would be a new trial — at which she might be convicted again. According to 2001 data from the U.S. Sentencing Commission, out of 4,275 criminal appeals that year for which the Commission had adequate information, only a very modest 294 (or 6.9%) resulted in total remands for further proceedings. And only a measly 21 (or 0.5%) resulted in outright reversals of the convictions. <\/p>

In sum, Stewart’s statistical likelihood of success on appeal is very slight. However, her individual chances may be increased somewhat by the fact that she has retained excellent lawyers who are likely to submit strong briefs on her behalf. <\/p>

Suppose Stewart does not prevail on appeal, however. What will be her fate? As I noted above, it will be made worse by mistakes she’s already made — and made even more unpleasant by those she may make in the future. <\/p> <\/b>

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