8 It is time that Congress accept that invitation. 7 Recognizing that victims may suffer as a result, the Second Circuit has invited Congress to amend the abatement doctrine. The Brooks court invoked the finality rationale, holding that restitution ordered (but not yet paid) should abate. The answer depends on how courts justify abatement: the traditional “punishment” rationale does not support abating restitution, but the modern “finality” rationale does. But whether to abate restitution - orders to pay money to victims, often through a government-administered account - is a more controversial question. 6 Federal courts frequently abate criminal fines - orders to pay money to the government as punishment for a crime. The court abated both his convictions and other penalties he had received at sentencing, including orders directing him to pay money to the victims of his fraud. Brooks died while his convictions were still pending appeal. Brooks, 5 the Second Circuit abated another high-profile conviction: that of businessman David H. 3 Reporters speculated that this erasure would weaken civil claims against his estate. 2 Hernandez had been convicted of murder and committed suicide while his appeal was pending, leading the court to abate his conviction. Courts use this common law doctrine, meaning abatement “rom the beginning,” 1 to vacate the conviction of a defendant who dies while that conviction is pending appeal.

When former NFL player Aaron Hernandez committed suicide, news reporters picked up on a curious doctrine: abatement ab initio.

Its not about you david brooks appeal