Probizwriters, LLC Writing Portfolio - Persuasive Statement to Court Regarding Effect of Sanctions

Written on behalf of a party attempting to persuade a judge that sanctions will undermine ability to perform:

When people are gainfully and productively employed they have purpose and focus in their lives, and their self-esteem is buoyed. When working, they’re busy and have responsibilities to their employers and their customers. Employed people typically manage their lives better; they're happier, more accountable to their responsibilities in life, and more in control. With less idle time and less inclination to despair or reckless behavior, they are less likely to succumb to the ravages of despair and depression, or to engage in conduct rendering them a risk to or problem for society. Productively employed, they have the wherewithal to honor and comply with any sanctions the court is required to impose in a particular case.

As a matter of policy then, the court should want—where possible—to make judgments and apply sanctions that support and strengthen an individual defendant’s ability to remain gainfully employed. This would generally serve to enhance the prospect that such individuals could get through the appropriate sanctions and come out successfully on the other side.

On the other hand, as a matter of policy the court should want to avoid imposing sanctions and penalties that undermine or imperil an individual defendant’s employment prospects. If the burden imposed by the court is such that the individual defendant can’t as a practical matter effectively or reliably perform his or her duties as an employee, then that person’s job is at risk. If the job is at risk, so is the defendant’s ability to honor and conform to the court’s requirements.

Worse, people who lose their jobs when striving to get through and manage a court’s requirements face despair. As despair increases, self-esteem, motivation and responsibility diminish. People who are torn down like this find it very difficult if not impossible to meet court requirements. They have much more idle time and become more inclined toward destructive behaviors. It becomes a downward spiral that diminishes the prospect of coming out successfully on the other side.


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Effective / Revision Date: 1-1-2013

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