Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Lots of interesting discussion in Second Circuit's refusal to go en banc in federal capital case

By Douglas A. Berman

The Second Circuit in a brief order today in US v. Fell, No. 06-2882 (2d Cir. June 17, 2009) (available here), denies en banc review of a federal death sentence.  That simple decision generates a 35-page concurrence from Judge Raggi and a 24-page dissent from Judge Calabresi (and two other small dissents).  The work by Judges Raggi and Calabresi cover a wide array of important and interesting issues ranging from capital jury selection to prosecutorial discretion.  Because I am on the road, I do not have time to comment on their debate beyond calling it a must-read for all sentencing fans.  (Also, SCOTUS fans might also take note of the fact it appears that Judge Sotomayor opted not to join any of these opinions commenting on the denial of en banc review in Fell...continue to full post

Full post as published by Sentencing Law and Policy on June 17, 2009 (boomark / email).