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Deep thoughts about cost-benefit analysis in federal sentencing

By Douglas A. Berman

The Ninth Circuit issued an interesting little sentencing decision today in US v. Tapia-Romero, No. 05-50121 (9th Cir. May 1, 2008) (available here). Here is how the decision starts and a key passage:In this opinion, we hold that the district court correctly concluded that the cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment under 18 U.S.C. §§ 3553(a) and 3582(a).... Neither of the provisions relied on by Tapia-Romero require or allow sentencing courts to consider the cost to society of imprisoning a defendant.  And our review of the remaining provisions of § 3553(a) leads us to the same conclusion ? § 3553(a) neither requires, nor allows, a court to consider the cost of imprisonment in determining the appropriate length of a defendant's term of imprisonment...continue to full post

Full post as published by Sentencing Law and Policy on May 01, 2008 (boomark / email).