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Examining environmental sentences after Booker

By Douglas A. Berman

Professor Michael O'Hear has this new article on SSRN, titled ?Bark and Bite: The Environmental Sentencing Guidelines after Booker.?  Here is the abstract: The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses.  Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who typically commit environmental offenses.  Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite.  Judges ?departed? below the applicable guidelines range in an unusually high percentage of environmental cases, barely one-third of convicted environmental defendants received prison sentences, and only about forty percent of prison sentences exceeded one year in length...continue to full post

Full post as published by Sentencing Law and Policy on May 19, 2009 (boomark / email).