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Sentencing Law and Policy 
News, issues, commentary and provides resources related to sentencing law and policy.
Post Frequency: 10.2/day Last Entry: November 20, 2009 at 23:02:07 Recent Entries: 3021
By Douglas A. Berman
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"The Real Price of Trying KSM: Defense lawyers will inevitably create bad law"
Posted on November 20, 2009The title of this post is the headline of this provocative commentary by David Feige at Slate. Here is how it starts and ends: Sometime in the next few months, a small group of experienced criminal-defense lawyers will be assigned...
"What Explains Persistent Racial Disproportionality in Minnesota?S Prison and Jail Populations?"
Posted on November 20, 2009The question in the headline of this post is the title of this important new article by Professor Richard Frase. Here is the abstract: Racial disparity in prison and jail populations, measured by the ratio of black to white per...
NC Governor trying every possible means to avoid releasing certain prisoners
Posted on November 20, 2009As detailed in this local article, which is headlined "Perdue: Lifers got no time credits; More questions arise in controversy over life-sentence inmates seeking to be released," the Governor of North Carolina is trying every possible means to avoid the...
Sex offenders can now be blamed for ruining Christmas tradition
Posted on November 19, 2009Sex offenders surely do not need any more bad press. But this new article from USA Today, which is headlined "Postal Service to block 'Dear Santa' letters to North Pole, Alaska," suggests that they might soon be blamed for ruining...
Texas Gov Perry considering rare capital clemency recommendation
Posted on November 19, 2009This new AP article, which is headlined "Texas governor to decide condemned killer's fate," reports on a notable new death penalty development in Texas: The fate of a man facing execution Thursday evening for his role in a fatal robbery...
Russia's highest court essentially abolishes death penalty in that nation
Posted on November 19, 2009This new Reuters article, which is headlined "Russian court extends moratorium on death penalty," explains why Russia is now pretty close to officially being another European nation without capital punishment. Here are the details: Russia's Constitutional Court on Thursday effectively...
"Does the punishment fit the crime for child porn?"
Posted on November 19, 2009The question in the title of this post is the headline of this effective local article from Ohio. Here are excerpts, which also serve to spotlight how different sentences for this crime can often be depending upon whether a defendant...
Interesting report on US Sentencing Commission regional hearing in Texas
Posted on November 19, 2009As noted in this prior post, the US Sentencing Commission today started another of its regional public hearing, this one at the University of Texas School of Law. As detailed in this official agenda (where some of the written testimony...
Can the laboratory of the states help solve prison-crowding problems?
Posted on November 19, 2009The question in the title of this post is inspired by this local article from Florida, which is headlined "Florida's prison problem could find a solution in Texas." Here is how the piece starts: If only Florida's economy could grow...
Two notable new speeches from AG Eric Holder
Posted on November 18, 2009This week on the DOJ website one can find the text of two speeches given by Attorney General Eric Holder that criminal justice and sentencing fans ought to check out. The more recent one, which was given yesterday at the...
"Does death for 9/11 plotters offend federalism?"
Posted on November 18, 2009The question in ths title of this post is the headline of this post from Josh Gerstein in his "Under the Radar" blog at Politico.com. Here are excerpts from an interesting piece: The attorney general's call for capital punishment [for...
New York about to getting tougher on drunk drivers
Posted on November 18, 2009As regular readers know, one modern "get tough" sentencing movement that I am happy and eager to support concerns efforts to enhance and refine the criminal justice response to the pervasive and harmful crime of drunk driving. Thus, I was...
The special criminal justice and sentencing challenges of domestic violence
Posted on November 18, 2009My local paper, the Columbus Dispatch, has run a terrific series of articles on the social problems of domestic violence. Today's piece in the series, which is headlined "Time for change: Lawmakers call for holistic approach to domestic-violence laws; other...
New ABA Criminal Justice magazine issue on "Postconviction Practices"
Posted on November 18, 2009Thanks to this post at StandDown, I discovered that the latest issue of the Criminal Justice magazine from the American Bar Association has a symposium focused on Postconviction Practices. Here are the main pieces from this valuable issue: Priming Postconviction...
"Obama suggests 9/11 suspect will get death penalty"
Posted on November 18, 2009The title of this post is the headline of this new Reuters piece. Here is how the piece starts: U.S. President Barack Obama suggested on Wednesday the self-professed mastermind of the Sept. 11, 2001, attacks would be convicted and put...
District judge imposes sentence after defendant ordered to take (and fails) lie-detector test
Posted on November 18, 2009I just came across what strikes me as a very unusual federal sentencing story from the district court of Minnesota. I have bolded below the part of this local press article, which is headlined "Drug sales net prison term, and...
Seventh Circuit gives a little life to Heller challenge to prohibition on DV misdemeanant gun possession
Posted on November 18, 2009Last year, as noted in this post, a federal district court rejected in US v. Skoien, a defendant's effort to use Heller to have dismissed his federal indictment on possessing three firearms after having been convicted of a misdemeanor crime...
Should criminal justice reform groups actively urge SCOTUS to overrule The Slaughterhouse Cases?
Posted on November 18, 2009As detailed in this effective SCOTUSblog post, the petitioners in the McDonald case concerning whether the Second Amendment applies to the states have filed "a wide-ranging survey of the meaning and origins of the privileges clause of the Fourteenth Amendment...
Justice Scalia is coming to town...
Posted on November 17, 2009to be the keynote speaker at The Ohio State University Moritz College of Law's event on "Originalism and the Jury". This exciting event is hosted by the Ohio State Law Journal, and I really like the plug that participant Orin...
Second Circuit issues huge opinion (with sentencing stuff) in Lynne Stewart case
Posted on November 17, 2009In the words of one of my co-panelists at today's OSU Scalia symposium, "Holy Buckeyes, Batman!": while I was thinking had about originalism and the jury, the Second Circuit handed down a massive opinion in the high-profile Lynne Stewart case....
SCOTUS corrects another circuit capital case error through summary reversal
Posted on November 16, 2009As detailed in this SCOTUSblog post, following up a similar summary reversal last week in a capital case from the Sixth Circuit (discussed here), the Supreme Court started another week today with another summary reversal in another capital case. Here...
SCOTUS adds a habeas case (with a sentencing spin) to its docket
Posted on November 16, 2009As detailed in this new SCOTUSblog post, the Supreme Court has added yet another case to its docket that should interest sentencing fans. The case is Magwood v. Culliver, and here is the question that the Court has taken up:...
Another US Sentencing Commission regional hearing on tap for this week in Austin
Posted on November 16, 2009As detailed in this press release, the US Sentencing Commission has another one of its regional public hearings on tap for later this week. This sixth regional public hearing is scheduled for November 19-20, and this one is taking place...
Some notable death penalty headlines from across the pond
Posted on November 16, 2009The start of a new week brings these interesting new pieces about the death penalty from our friends in the UK and Ireland: The Guardian has these new pieces discussing the death penalty in Texas: "Texas accounts for half of...
A final take on a record-setting federal corruption sentence
Posted on November 16, 2009This Roll Call article, whic is headlined "Jefferson?s Sentence Is a Record-Setter," provides some post-game commentary on this past Friday's federal sentencing of William Jefferson. Here are a few highlights: A freezer full of cash made ex-Rep. William Jefferson a...
"The False Promise of Adolescent Brain Science in Juvenile Justice"
Posted on November 16, 2009The title of this post is the title of this important and timely new piece by Professor Terry Maroney now available via SSRN. Here is the abstract: Recent scientific findings about the developing teen brain have both captured public attention...
Eleventh Circuit declares probation sentence unreasonable (yet again!!) for white-collar defendant
Posted on November 16, 2009The Eleventh Circuit, in a ruling that seems like deja vu all over again, reverses a below-guidelines sentence in a high-profile, white-collar case today in US v. Livesay, No. 08-14712 (11th Cir. Nov. 16, 2009) (available here). These snippets from...
"Obama Backers Fear Opportunities to Reshape Judiciary Are Slipping Away"
Posted on November 15, 2009The title of this post is the headline of this story in today's New York Times. Here is how it starts: President Obama has sent the Senate far fewer judicial nominations than former President George W. Bush did in his...
The shameful state of clemency in the Buckeye state (and in the United States)
Posted on November 15, 2009This notable new article from my own Columbus Dispatch, which is headlined "Clemency requests piling up," documents the shameful state of clemency in the state of Ohio. Here are some of the sorry details of what is going on (or,...
How quickly will Ohio be able to get back to executions after adopting one-drug lethal injection protocol?
Posted on November 14, 2009As noted in this prior post, roughly two months after Ohio had to stop a botched execution, the state has announced the development of a whole new lethal injection protocol. This New York Times article provides the basic details, and...
California submits new plan for complying with federal prison-population order
Posted on November 14, 2009As detailed in this Los Angeles Times article, which is headlined "Governor submits plan to cut prison population: But he also disavows the proposed solutions as being illegal," California's "Gov Arnold Schwarzenegger on Thursday gave federal judges a road map...
Ohio adopting a new one-drug lethal injection protocol
Posted on November 13, 2009Big news for lethal injection fans from my home state: as detailed in this local report, "Ohio will switch to a single drug instead of a three-drug cocktail in its new execution procedure, according to documents filed in federal court...
"There have been fewer executions in California than deaths by lightning strike "
Posted on November 13, 2009The title of this post is the first sentence of this new note in the California Law Review, which is titled "Capital Crime: How California?s Administration of the Death Penalty Violates the Eighth Amendment." Here is more of the piece's...
Obama Administration making key decisions on how to prosecute key terror suspects
Posted on November 13, 2009As detailed in this new New York Times piece, Attorney General Eric Holder is expected this morning to announce formally a set of important decisions about how federal officials plan to prosecute key terror suspects. Here are the specifics: Khalid...
Former congressman William Jefferson scheduled to learn sentencing fate today
Posted on November 13, 2009As detailed in this local article, which is headlined "William Jefferson can expect long prison sentence -- but not 27 years, experts say," many are forecasting that a record-setting sentence for a former member of Congress will be handed down...
Documenting the health-care costs of long sentences
Posted on November 13, 2009I often enjoy noting the fact that prisoners do get one benefit that many non-prisoners might envy: free health care. But, as this new CNN feature highlights, the health care received free by prisoners is not free to taxpayers, and...
"America's Prison Spree Has Brutal Impact"
Posted on November 13, 2009The title of this post is the headline of this new commentary by Stuart Taylor in The National Journal. Here is how it begins: The November 9 Supreme Court arguments on whether it is cruel and unusual to impose life...
"Did Pageant Officials Distribute Child Pornography to Smear Carrie Prejean?"
Posted on November 12, 2009The title of this post is the question in the headline of this provocative commentary, which seeks to dig deeper into how the Carrie Prejean "sex tape" surfaced and whether crimes were committed in the tape's distribution. Here is a...
Ballon Boy parents cut plea deals providing for probation sentence
Posted on November 12, 2009As detailed in this new report from CBS News, "Richard and Mayumi Heene will plead guilty Friday to charges stemming from last month's Balloon Boy hoax, the couple's lawyer said." Here are more of the specifics: Mayumi Heene will plead...
Noticing the mandate from Congress to the US Sentencing Commission on mandatory minimums
Posted on November 12, 2009This new Wall Street Journal article, which is headlined "U.S. Commission to Assess Mandatory Sentences," discusses the recently-enacted legislation instructing the US Sentencing Commission to study mandatory sentencing statutes. Here are excerpts: Congress has ordered the panel that advises judges...
Latest OSJCL issue available on-line provide lots to read
Posted on November 12, 2009The Fall 2009 issue of the the Ohio State Journal of Criminal Law has recently gone to press, and the entire new OSJCL issue is available on-line here. Among a number of terrific pieces in this new issue, there are...
Fort Hood shooter formally charged with 13 capital counts of premeditated murder
Posted on November 12, 2009As detailed in this new New York Times piece, "Military prosecutors have charged Maj. Nadil Malik Hasan with 13 counts of premeditated murder in last week?s shooting rampage at Fort Hood, Tex., a spokesman for the Army criminal investigation division...
Can Carrie Prejean now use her "child porn" sex tape to her advantage?
Posted on November 11, 2009In this post yesterday I discussed some of the federal child pornography laws implicated by the acts of Former Miss California USA Carrie Prejean in making and distributing a "sex tape" at the tender age of 17. Following up these...
AMA changes its position to be more open to medical marijuana
Posted on November 11, 2009As detailed in this Los Angeles Times article, which is headlined "Medical marijuana gets a boost from major doctors group," on Tuesday the American Medical Association"urged the federal government to reconsider its classification of marijuana as a dangerous drug with...
Texas jury sentences FLDS member to 10 years in prison for sexual assault
Posted on November 11, 2009This local article, headlined "Jury gives Jessop 10 years for sexual assault," reports on the sentencing outcome in a high-profile sexual offense prosecuion. Here are the details: Jurors took about six hours before handing down the sentence of 10 years...
"In California, Some Want To Be On Death Row; Life Is Better There"
Posted on November 11, 2009The title of this post is the headline of this new NPR entry, which is itself a follow-up to this important new Los Angeles Times article discussing life on California's death row. The full headline for the LATimes piece captures...
Shouldn't the Sullivan case be relatively easy for a true Eighth Amendment textualist?
Posted on November 10, 2009I have long been a fan of textualist approaches to the Constitution because, at the very least, textualism provides a useful starting point for constitutional debates. And, in some prior posts (see here and here and here), I have suggested...
Eighth Circuit affirms rejection of death row prisoners' attack on Missouri's lethal injection protocol
Posted on November 10, 2009An Eighth Circuit panel today has ruled on an appeal concerning a constitutional attack on Missouri's execution protocol in Middleton v. Crawford, No. 08-2807 (8th Cir. Nov. 10, 2009) (available here). Here is the unofficial summary of the ruling from...
Brief Sixth Circuit opinion rejects Blakely challenge to Michigan sentencing system
Posted on November 10, 2009This morning the Sixth Circuit issued a short opinion in Chontos v. Berguis, No. 08-1031 (6th Cir. Nov. 10, 2009) (available here), in which the panel concludes that Michigan's distinctive structured sentencing scheme does not have a Blakely problem. I...
Is Carrie Prejean technically subject to 5-year mandatory minimum federal sentence for distributing child porn?
Posted on November 10, 2009As detailed in this AP story, which is headlined "Ex-Miss California admits to making sex tape," it appears that a high-profile public figure is now admitting that she has engaged in behavior that makes her technically guilty of a federal...
Do cases like the DC sniper and the Fort Hood shooter and Ohio serial killer ensure death's vitality?
Posted on November 10, 2009Reviewing some of the media coverage of sentencing issues this morning confirms my view of why it is always going to be difficult for death penalty abolitionists to convince the majority of Americans to be opposed to the death penalty...
Texas conviction of FLDS member resulting in fascinating jury sentencing experience
Posted on November 10, 2009As detailed in this local report, which is headlined "Testimony in Sentencing for FLDS Member," the recent conviction in Texas of an FLDS member on sex charges has now led to a fascinating jury sentencing proceeding: A jury that convicted...
Prosecutors seeking long prison term for ex-Rep. William Jefferson
Posted on November 10, 2009As detailed in lots of media coverage, federal prosecutors are seeking a long prison term for former US Representative William Jefferson following his bribery convictions. Yet, as these different headlines from different press sources reveal, it is not perfectly clear...
Big dissent from Ninth Circuit's denial of en banc review of reasonableness ruling
Posted on November 10, 2009A helpful reader made sure that I did not miss the decision by the Ninth Circuit to deny en banc review in US v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009) (discussed here), a case decided this past June in...
Virginia Gov Kaine denies clemency for DC sniper
Posted on November 10, 2009This CNN report provides the latest news on the high-profil execution due to take place in Virigina tonight: Virginia Gov. Tim Kaine denied a last-minute clemency request Tuesday for John Allen Muhammad, the mastermind behind the 2002 sniper attacks that...
SCOTUS summary reversal of Sixth Circuit capital ineffective assistance ruling
Posted on November 09, 2009As detailed in this SCOTUSblog post, the Supreme Court issued "no new cert. grants this morning ... [but there was a] summary disposition in the case Bobby v. Van Hook (09-144), which was granted and reversed." The per curiam ruling...
Watching and wondering about the three SCOTUS newbies in Graham and Sullivan juve LWOP cases
Posted on November 09, 2009As mentioned in this recent post, I am expecting (or at least hoping) that the big Graham and Sullivan SCOTUS cases to be argued this morning will not simply turn on Justice Kennedy as a swing voter in another 5-4...
"President Barack Obama proving stingy with his pardon power"
Posted on November 09, 2009The title of this post is the headline of this little piece today in the Chicago Tribune. These basics about President Obama's poor clemency track record to date should be familiar to regular readers of this blog: A lot of...
Documenting the uptick in child porn prosecutions
Posted on November 09, 2009My local paper has this article this morning, headlined "Authorities crack down on child-porn offenders," which documents the uptick in federal prosecutions of child porn offenses in one district and nationwide. Here are excerpts: The recent arrest of a Hilliard...
Transcripts now available for oral arguments in Graham and Sullivan
Posted on November 09, 2009Based on the early reports (discussed here), I am really excited to find time to review the transcripts from the oral arguments in the two juve LWOP cases heard today by the Supreme Court. Everyone can now access the transcript...
Chief Justice apparently taking command in the Graham and Sullivan juve LWOP cases
Posted on November 09, 2009This early report from SCOTUSblog, which is titled "Analysis: The Chief leads on juvenile sentences?," concerning on this morning's arguments in the big juve LWOP cases argued this morning heightens my expectation and hope that we could get some interestingly...
"Sex With Informant Voids Prostitution Case"
Posted on November 09, 2009The title of this post is the headline from this lengthy new report from The Legal Intelligencer. Here is how the piece starts: In a case of first impression, the Pennsylvania Superior Court ruled last week that state troopers committed...
Virginia clears final big legal hurdle for executing DC sniper on Tuesday
Posted on November 09, 2009As detailed in this new Washington Post piece, today the Supreme Court "denied John Allen Muhammad's request to stay his execution, clearing the way for Virginia to put to death the man who terrorized the Washington region as the Beltway...
Capital justice greatly delayed (and very costly) in Kentucky
Posted on November 08, 2009Thanks to How Appealing, I saw this long article from the Louisville Courier-Journal, which is headlined "Kentucky's troubled death-penalty system lets cases languish for decades." This companion article, headlined "Killer's appeals drag on 29 years," explains how long capital justice...
Previewing tomorrow's big SCOTUS arguments in Graham and Sullivan juve LWOP cases
Posted on November 08, 2009How Appealing has collected here lots of links to pieces discussing in the big Graham and Sullivan cases to be argued Monday, November 9 in the Supreme Court. For all the essential case basics in a well presented form, I...
"Suspect Could Face Death Penalty in Fort Hood Shooting"
Posted on November 08, 2009The title of this post is the headline of this FoxNews piece, which spotlights that the death penalty has entered conversations in the aftermath of the horrible events at Fort Hood earlier this week. Here is the start of the...
Might new Governors in New Jersey and Virginia pioneer "smart on crime" innovations?
Posted on November 08, 2009As noted in this post, there were not any obviously significant crime and justice story lines during this year's local elections. But, given that New Jersey and Virginia are both interesting sentencing states and both now have new governors with...
"Lighter sentence for murderer with 'bad genes'"
Posted on November 08, 2009The title of this post is the headline of this interesting sentencing story coming from the publication Nature, which reports on these sentencing developments in Italy: An Italian court has cut the sentence given to a convicted murderer by a...
Amicus filing in SCOTUS habeas cases creating controversy among death penalty crowd
Posted on November 07, 2009This story from the Boston Globe, which is headlined "Death penalty foes rip Coakley for signing brief," highlights that the politics of the death penalty in Massachusetts in quite different than in other parts of the country. Here is the...
Trying out the Droid
Posted on November 07, 2009I got a new toy today: the new Droid phone. And this post is a test of Droid-blogging.
Florida state judge reduces homicide sentence based on "battered spouse syndrome"
Posted on November 06, 2009This notable local sentencing story, which is headlined "Davie woman gets five-year sentence for fatal shooting: Woman gets 5 years for killing man who abused her," reports on a sentencing reduction a judge granted based on "battered spouse syndrome." Here...
Bernie Kerik enters plea deal providing him a different perspective on homeland secutiry
Posted on November 06, 2009As detailed in this New York Times article, Bernard Kerik today pleaded guilty to eight charges including tax fraud and lying to White House officials. Kerik, who lead the NYPD through the 9/11 attack and was taped in 2004 to...
Fourth Circuit affirms reliance on uncharged conduct in sex offender sentencing
Posted on November 06, 2009The Fourth Circuit today in US v. Grubbs, No. 07-5040 (4th Cir. Nov. 6, 2009) (available here), considers and rejects a number of procedural challenges to a federal sex offense sentence. Here is how the opinion begins: Jimmie Vance Grubbs...
Playing the "blame game" for increased sentencing disparities after Booker
Posted on November 05, 2009With the upcoming five-year anniversary of the Supreme Court's decision in Booker and a new Wall Street Journal piece discussing the enduring challenge of balancing individual and equal justice, I have been thinking lately about increased federal sentencing disparities...
"[A]mong those facing drug-related charges, incarceration and supervision seem not to deter subsequent criminal behavior"
Posted on November 05, 2009The title of this post is the key take-away from the abstract of this new criminology paper on SSRN from Donald Green and Daniel Winik. The paper is titled "Using Random Judge Assignments to Estimate the Effects of Incarceration and...
Noting significant biases in pot policies and practices
Posted on November 05, 2009CNN has this notable new commentary headlined "Pot acceptable? Not for young and nonwhite," which is authored by Stephen Gutwillig of the Drug Policy Alliance. Here are extended excerpts from an important piece: This year is a watershed year in...
"10 Bodies in Sex Offender's Home: Is System Broken?"
Posted on November 05, 2009The title of this post is the headline of this new ABC News piece which seeks to reflect on what the horrific Anthony Sowell case might tell us about modern sex offender regulation efforts. Here are snippets from the piece:...
As Booker approaches five, the individual/equal justice debate continues on
Posted on November 05, 2009Remarkably, in just a couple of months, we can mark the five-year anniversary of the Supreme Court's decision in Booker to transform the federal sentencing guidelines from legal mandates to advisory rules. The the debates over federal sentencing rules and...
Ohio Supreme Court hears challenge to state's new sex offender registration rules
Posted on November 05, 2009As detailed in this local article, which is headlined "Lawyers fight law on sex offenders before Ohio Supreme Court," the latest legal battle over the latest sex offender laws is taking place in my own backyard. Here are the basics:...
Is there a "middle ground" on California's sex offender residency restrictions?
Posted on November 04, 2009The question in the title of this post is prompted by this press report on yesterday's argument before the California Supreme Court concerning the state's sex offender residency resrictions. Here are the details: The California Supreme Court appeared to be...
A Canadian perspective of appellate sentencing review
Posted on November 04, 2009I just saw via SSRN this notable article about appellate sentencing review, which is titled "Wrestling with Punishment: The Role of the BC Court of Appeal in the Law of Sentencing." Here is the abstract: This article, one in a...
DC Sniper makes (final?) appeal to SCOTUS before scheduled execution
Posted on November 04, 2009As detailed in this Washington Post article and this SCOTUSblog post, lawyers for "sniper John Allen Muhammad, mastermind of the terrifying 2002 Washington area shooting spree, asked the U.S. Supreme Court on Tuesday to halt their client's execution, saying he...
SCOTUS argument transcripts for two criminal justice cases argued today
Posted on November 04, 2009As noted in this prior post, the Supreme Court today heard arguments in Pottawattamie County v. McGhee, which concerns potential liability of prosecutors for arranging false testimony, and in Wood v. Allen, which concerns the scope of federal court review...
"All Locked Up: Did Joe Sullivan, sentenced to life at 13, have a fair trial?"
Posted on November 04, 2009The title of this post is the headline of this new piece at Slate. Here is how the piece gets started: Next week the Supreme Court will hear arguments, in Sullivan v. Florida, about whether sentencing a 13-year-old boy to...
Public shaming instead of incarceration in Pennsylvania theft case
Posted on November 04, 2009A helpful reader forwarded to me this story from Pennsylvania, headlined "Women Hold Signs Admitting Theft." Long-time readers may recall that I tend to be a supporter of shaming sanctions, especially when they serve as a substitute for incarceration...
"Ohio GOP lawmakers: Execution process can be fixed"
Posted on November 04, 2009The title of this post is the headline of this notable new AP piece discussing Ohio's on-going efforts to try to fix its execution protocol. Here are excerpts from the piece: Two Republican lawmakers advising Ohio's Democratic governor on changes...
Are there any crime and justice issues or stories to follow this election day?
Posted on November 03, 2009I am about to head out to vote this morning, and here in Ohio we have three state-wide ballot issues that concern only non-criminal law matters (unless one considers an initiative to authorize casinos in four Ohio cities a criminal...
"Death penalty cases costly; instead, seek life sentences"
Posted on November 03, 2009The title of this post is the headline of this commentary coming from The Spokesman Review in reaction to an intriguing debate over a potential capital case in Washington. Here is how the piece starts: Stevens County is balking at...
Effective commentary complaining about undue leniency for drunk drivers
Posted on November 03, 2009This column in the Baltimore Sun, which is headlined "Not just 'liberals' to blame for drunk-driving tragedies," echoes the complains I have long had about our collective failure to be more effective in sentencing drunk drivers. Here are snippets: Liberal,...
It is officially time for Second Amendment fans to start supporting NBA's Delonte West
Posted on November 03, 2009This local article from Maryland, which is headlined "Cavs Delonte West Faces Weapons Charges," reports that a prominent NBA player is now officially facing state criminal charges for posessing guns in self defense. Here are the basic legal details: Prince...
Where sports, tragedy and the origins of bad federal sentencing law converge
Posted on November 03, 2009I received via e-mail this reminder from the folks at FAMM to set my DVR to ESPN tonight in order to record a documentary on a sports story and personal tragedy that would become the back-story to the origins of...
Fascinating newspaper report on the impact of Ring in Idaho
Posted on November 03, 2009This local article from Idaho suggests that the Supreme Court's 2002 Ring decision concerning jury trial rights in capital cases has had a profound impact on the operation of the death penalty in The Gem State. The article is headlined...
California Supreme Court to hear challenge to sex offender residency restrictions
Posted on November 02, 2009As detailed in this local article, which is headlined "California Supreme Court to review Jessica's Law," an important challenge to California's sex offender residency restrictions is to be heard this week. Here are the basics: The state Supreme Court on...
A SCOTUS week for criminal justice fans who like fed courts issues
Posted on November 02, 2009As detailed in posts here and here from SCOTUSblog, the Supreme Court is not involved in many criminal justice issues that are likely to make huge headlines this week. (The big SCOTUS headlines will be next week when the Court...
A potent pitch for potent jury power after Apprendi
Posted on November 02, 2009This new article by Jenny Carroll available via SSRN, which is titled ""Of Rebels, Rogues and Roustabouts: The Jury's Second Coming," makes a robust pitch for giving juries even more power in a post-Apprendi world. Here is the article's abstract:...
"Why Care About Mass Incarceration?"
Posted on November 02, 2009The title of this post is the title of this new book review available via SSRN by James Forman. Here is the abstract: The United States incarcerates more of its citizens than any other nation in the world. Paul Butler?s...
"Man Charged With Filming Sex With 14-Year-Old Says He Is 'Going To Jail For Love'"
Posted on November 02, 2009The title of this post is the headline of this interesting federal sentencing story from Tennessee, which actually raises some interesting post-Booker sentencing issues. Here are the basics: A 23-year-old Winchester man was sentenced in Chattanooga Federal Court on Monday...
Effective coverage of the SCOTUS Seale dodge
Posted on November 02, 2009The New York Times has this effective piece, headlined "Court Declines Case of Klansmen in ?64 Slayings," and The BLT has this effective entry, headlined "Supreme Court Rejects 5th Circuit Plea in Kidnap Case," discussing the notable (lack of) action...
"Is Colorado?s U.S. Bench Embracing Sentencing Responsibility?"
Posted on November 02, 2009The title of this post is what would have been a praiseworthy headline for this local article from the publication Law Week Colorado. Instead, as a click through will show, the publication went with the more provocative headline of "Is...
Noting the juve LWOP cases before SCOTUS across the pond
Posted on November 01, 2009Thanks to How Appealing, I saw this new piece in The Times of London about the Graham and Sullivan cases to be heard by the Supreme Court nxt week. Here are snippets: The Supreme Court?s rare decision to consider separate...
"Let juries determine sex offenders? fate"
Posted on November 01, 2009The title of this post is the headline of this interesting new editorial in the Boston Globe. Here is how it begins and ends: Middlesex District Attorney Gerard Leone wants state lawmakers to give juries more say in whether some...
Mississippi Supreme Court looking into capital case delays
Posted on November 01, 2009As detailed in this local article, which is headlined "Death row case delays flagged," the Mississippi Supreme Court is trying to figure out why a number of state capital cases are stuck in the post-conviction appeal pipeline. Here is how...
State judge calls for repeal of school-zone mandatory sentences
Posted on November 01, 2009This local articlefrom Pennsylvania, which is headlined "Berks judge: End mandatory sentences involving drug sales in school zones," reports on a state judge complaining about the consequences of mandatory minimum sentencing terms for drug sales in school zones...
Senator Durbin responds to Washington Post editorial opposing crack/powder parity
Posted on October 31, 2009The Washington Post has printed this letter from US Senator Dick Durbin, which responds to the Post's editorial (discussed here) that criticized Durbin's proposed legislation to eliminate the sentencing disparity between crack and powder cocaine. Here are excerpts: The editorial...
Murder victims' son seeking to advocate against death penalty
Posted on October 31, 2009A helpful reader forwarded to me this interesting story out of California, which is headlined "Don't execute killer, slain El Cerrito couple's son says." Here is the start of the piece: The 20-year-old son of a slain El Cerrito couple...
"Cruelty, Prison Conditions, and the Eighth Amendment"
Posted on October 31, 2009The title of this post is the title of this new article from Sharon Dolovich appearing in the New York University Law Review. Here is the abstract: The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives...
New US Sentencing Commission report on the history of federal child porn guidelines
Posted on October 30, 2009The US Sentencing Commission today posted here an important new report on the hottest topic in federal sentencing right now. The new report is titled simply "The History of the Child Pornography Guidelines," and it runs over 50 pages. The...
Must-read posts for sentencing fans at The Volokh Conspiracy and other blogosphere goodies
Posted on October 30, 2009The Volokh Conspiracy is on my list of daily blog-reads, in part because the folks there cover a lot of cutting edge criminal and political issues that go beyond my core sentencing focus. But today the Conspirators have these two...
Kentucky AG talking about appealing sex offender residency restriction ruling to SCOTUS
Posted on October 30, 2009I have long thought it's only a matter of time before the US Supreme Court is called upon to resolve various constitutional issues that arise in the enforcement of state residency restrictions on sex offenders. And, as detailed in this...
"Can Our Shameful Prisons Be Reformed?"
Posted on October 30, 2009The title of this post is the headline of this new commentary by Professor David Cole in the newest issue of the New York Review of Books. The review discusses three new works on American penal policies: Race, Incarceration, and...
Is anyone complaining about excessive federal spending on prisons?
Posted on October 30, 2009One need only turn on talk radio to hear lots of pundits complaining about excessive federal spending on items ranging from the arts to clunkers to health care. But this local article, headlined "Carney gets $1B more for federal prisons,"...
Must-read posts from Kleiman on having less crime and less punishment
Posted on October 29, 2009I have been following with great interest a series of guest posts by Mark Kleiman at The Volokh Conspiracy, which are essentially excerpts from his important new book titled "When Brute Force Fails: How to Have Less Crime and Less...
"On the Limits of Supremacy: Medical Marijuana and the States? Overlooked Power to Legalize Federal Crime"
Posted on October 29, 2009The title of this post is the title of this timely new article by Professor Robert Mikos in the latest issue of the Vanderbilt Law Review. Here is the abstract: Using the conflict over medical marijuana as a timely case...
Washington Post editorial argues against completely eliminating crack/powder sentencing disparity
Posted on October 29, 2009In this new editorial, which is headlined "The right sentence: As Congress weighs the cocaine sentencing disparity, it should remember crack's dangers," the Washington Post comes out against equalizing the sentences for crack and powder cocaine. Here is the heart...
Effective new opinion discussing restitution in federal child porn possession cases
Posted on October 29, 2009I posted hereearlier this week an effective newspaper report on efforts by some persons who were victimized in "popular" child porn to obtain restitution from defendants being sentenced for possessing this child porn. Coincidentally, on Monday, Maine US District Judge...
A California perspective on the juve LWOP issues before the Supreme Court
Posted on October 29, 2009Thanks to How Appealing, we can all read this interesting article by Lawrence Hurley in The Daily Journal of California, which is headlined "U.S. Supreme Court Considers Life Sentences For Juveniles." As these excerpts reveal, the piece provides a west-coast...
House hearing Thursday on "Racial Disparities in the Criminal Justice System"
Posted on October 28, 2009As detailed in this official hearing page, the House of Representatives Judiciary Subcommittee on Crime, Terrorism, and Homeland Security will be holding a hearing on Thursday, October 29 to examine "Racial Disparities in the Criminal Justice System." Here are the...
Interesting debate over "Guns as Smut" thanks to Columbia Law Review
Posted on October 28, 2009The October 2009 issue of the Columbia Law Review has an interesting article by Darrell A.H. Miller, which is titled "Guns as Smut: Defending the Home-Bound Second Amendment." Here is a synopsis: In District of Columbia v. Heller, the Supreme...
How should positive behavior in prison impact resentencings after Booker?
Posted on October 28, 2009This local article about an interesting sentencing hearing spotlights a number of challenging conceptual issues that surround federal resentencings in the post-Booker world. The piece caught my eye due to its headline, "Victim helps press for longer sentence for nurse...
"No Accountability: Why are bad prosecutors so rarely punished?"
Posted on October 28, 2009The title of this post is the headline of this important column by Radley Balko at Reason. Here are just some of the potent parts of Balko's effective commentary: As DNA exonerations continue to accumulate across the country, we're left...
California moving on various fronts toward possible legalization of marijuana
Posted on October 28, 2009This New York Times article, headlined "Push to Legalize Marijuana Gains Ground in California," reports on the latest counter-insurgency in the war on drugs. Here are some details from the start of the article: These are heady times for advocates...
"Contingent Constitutionalism: State and Local Criminal Laws and the Applicability of Federal Constitutional Rights"
Posted on October 28, 2009The title of this post is the title of this piece available via SSRN from Wayne Logan. The paper seems especially timely in light of the Supreme Court's upcoming consideration of Second Amendment incorporation (not to mention the feds recent...
Supervised sex offenders required to attend education meeting on Halloween night
Posted on October 28, 2009In recent years in lots of communities, sex offenders are formally required or highly encouraged to turn off their lights and/or otherwise avoid any involvement in Halloween activities. Now, as detailed in this local article from Alabama, it seems that...
The latest (beneficial?) litigation front in child porn downloading battles
Posted on October 27, 2009I just found this effective local article discussing what is becoming an important and very interesting new front in the battle over child porn prosecution and sentencing. The piece is headlined "Victim of child porn seeks damages from viewers," and....
Sixth Circuit officially joins bulk of other circuits declaring limits on 3582(c) sentence modifications
Posted on October 27, 2009The Sixth Circuit today describes effectively the current state of the circuit law concerning sentence modifications pursuant to 18 U.S.C. § 3582(c)(2) in US v. Washington, No. 09-5110 (6th Cir. Oct. 27, 2009) (available here). Here is how the majority...
American Law Institute Council votes to withdraw Model Penal Code section on the death penalty
Posted on October 27, 2009As reported in this postat the Death Penalty Information Center, the "Council of the American Law Institute (ALI) recently voted to withdraw a section of its Model Penal Code concerned with capital punishment because of the "current intractable institutional and...
Are prosecutors guilty of "moral disengagement"?
Posted on October 27, 2009The question in the title of this post is prompted by this interesting-looking piece available via SSRN. The article by Lawton Cummings is titled "Reconceptualizing Prosecutorial Misconduct Through Moral Disengagement Theory: A Social Cognitive Approach," and here is the abstract:...
Infamous "Lipstick Killer" case provides historical perspective on juve sentencing debate
Posted on October 27, 2009I noticed this interesting recent piece on CNN headlined "'Lipstick Killer' behind bars since 1946." The article is fascinating for various reasons, and here are a few highlights: William Heirens, the "Lipstick Killer," is believed to be the longest-serving inmate...
"Texas Faith: Are Texans immoral for supporting the death penalty?"
Posted on October 27, 2009The title of this post is the headline of this new piece from the Dallas Morning News. The piece has thoughtful and extended responses to the question above from more than a dozen diverse clergy members, and here is how...
Notable press stories noting Obama's lack of clemency action
Posted on October 26, 2009It is sad, annoying and telling that the mainstream American press is now talking about President Obama's failure to pardon the long dead boxer Jack Johnson (see here and here), rather than about his failure to grant a single clemency...
"The Case Against Juvenile Life Without Parole: Good Policy and Good Law"
Posted on October 26, 2009The title of this post is the title of this new Findlaw commentary by Kristin Henning, who is Co-Director of Juvenile Justice Clinic and Professor of Law at Georgetown University Law Center. As the piece's title suggests, the author has...
Two new pieces on the pace of judicial appointments in the Obama era
Posted on October 26, 2009Thanks to How Appealing, I discovered these two notable new pieces on judicial appointments during the early Obama era: This report from Russell Wheeler of The Brookings Institution titled "Judicial Nominations in the Bush and Obama Administrations' First Nine Months"...
Ohio having a hard time finding doctors to help with revising execution protocol
Posted on October 26, 2009My local paper has this new piece, headlined "Ohio struggles to find doctors to offer execution advice," which reports on the challanges the state is facing in getting expert medical help with its review of its lethal injection protocol. Here...
The new medical marijuana regulatory challenge for states and localities
Posted on October 26, 2009This morning's New York Times has this intriguing new article on medicial marijuana regulation, which is headlined "States Pressed Into New Role on Marijuana." Here are excerpts: For years, since the first medical marijuana laws were passed in the mid-1990s,...
"Budget kills Hinds capital cases: DA says Hinds can't afford death-penalty prosecutions"
Posted on October 26, 2009The title of this post is the headline of this notable local article from Mississippi. Here are excerpts: The Hinds County district attorney's office had been considering the death penalty against the suspects in the two unrelated [brutal murders] but...
"Prosecutors Turn Tables on Student Journalists"
Posted on October 25, 2009The title of this post is the headline of this notable article in this morning's New York Times. Though not quite a sentencing story, the piece provides an interesting object lesson in how some prosecutors respond when their work is...
Extended First Amendment analysis of whether sex offenders can be banned from church
Posted on October 25, 2009Over at Dorf on Law, Mike Dorf has this post with an extended discussion of the question in the title of his post: "Can Sex Offenders Be Barred From Church?" Because I am not a First Amendment expert, I cannot...
An appellate lawyer that every federal defendant should want for a sentencing appeal
Posted on October 24, 2009This new piece by Tony Mauro in the National Law Journal, which is headlined "To Build Practice, Ex-Bush SG Embraces Liberal Clients," makes me hopeful that an old law school friend of mine might soon be representing some federal sentencing...
"Arizona May Put State Prisons in Private Hands"
Posted on October 24, 2009The title of this post is the headline of this interesting New York Times article. Here is how it starts: One of the newest residents on Arizona?s death row, a convicted serial killer named Dale Hausner, poked his head up...
Mental illness cited by lawyers as reason to grant clemency to DC sniper
Posted on October 24, 2009This Washington Post article, which is headlined "Sniper's lawyers ask for clemency, saying he's mentally ill," reports on the efforts by lawyers to prevent the execution of a high-profile capital defendant in Virginia. Here are the basics: Attorneys for convicted...
New hate crimes bill requires US Sentencing Commission to complete mandatory minimum study
Posted on October 23, 2009As detailed in this New York Times article, the "Senate voted Thursday to extend new federal protections to people who are victims of violent crime because of their sex or sexual orientation, bringing the measure close to reality after years...
"Roman Polanski faces 2 years in prison if returned to L.A., Swiss officials say"
Posted on October 23, 2009The title of this post is the headline of this new item from the Los Angeles Times. Here are the details: Swiss authorities said that director Roman Polanski could spend up to two years in prison if he was extradited...
District judge and lawyers not sure what to do in Nacchio case after sentence reversal
Posted on October 23, 2009This notable local report concerning a high-profile white-collar resentencing proceeding highlights an all too common problem after a circuit court reverses an initial sentence in a complicated case: A re-sentencing hearing date could not be set for convicted ex-Qwest CEO...
"Medical Marijuana Muddle"
Posted on October 23, 2009The title of this piece is the headline of this new commentaryfrom Jacob Sullum at Reason. The piece is subtitled "The Obama administration?s new policy may not make much difference in practice," and here are snippets that explain Sullum's concerns:....
A complete set of links to Smart Sentencing from the Missouri Sentencing Advisory Commission
Posted on October 23, 2009I received this afternoon this helpful e-mail with links to some documents that should be useful for all sentencing fans: The Missouri Sentencing Advisory Commission presents the latest in statistics, information, research findings and evidenced-based practice to help make informed...
ABAJ coverage of SCOTUS cases on constitutionality of juve LWOP
Posted on October 22, 2009In the November 2009 issue of ABA Journal magazine includes this article previewing the two juve LWOP cases to be heard by the Supreme Court next month. The piece is headlined, "Adult Time for Adult Crimes: Is life without parole...
"Were hundreds of criminals given the wrong sentences because lawyers messed up a basic work sheet?"
Posted on October 22, 2009The title of this post is the sub-heading of this remarkable new Slate piece by Ray Fisman to which a helpful reader pointed me. Here is the start of today's must-read piece: In early 2005, Emily Owens was halfway through...
Rapper Lil Wayne cops a plea to New York gun possession charge
Posted on October 22, 2009As detailed in this AP article, which is headlined "Lil Wayne pleads to attempted gun possession," New York's tough (and arguably unconstitutional) gun possession prohibition has brought down another celebrity. Here are the basics: The Grammy-winning rapper Lil Wayne pleaded...
New York Times editorial calls for ignition locks for all drunk drivers
Posted on October 22, 2009This morning's New York Times has this new editorial headlined "Progress on Drunken Driving." Here are excerpts: An enlightened measure signed this month by California?s Republican governor, Arnold Schwarzenegger, will require those convicted of drunken driving ? including first-time offenders...
Judge Sesssions confirmed as new Chair of US Sentencing Commission
Posted on October 22, 2009I am pleased to be able to report this Senate confirmation news: "Senators have unanimously confirmed ... William Sessions to be Chair of the United States Sentencing Commission." More details are available in this release from the USSC. Because Judge...
"Court rejects governor's plan to solve prison overcrowding"
Posted on October 22, 2009The title of this post is the headline of this report from the San Jose Mercury News. Here are the basics on the latest twist and turn in the on-going saga of California prison reform: A federal court Wednesday rejected...
Fifth Circuit (properly) dodges whether federal prohibition on gun sale to a 19-year-old is constitutional
Posted on October 21, 2009Thanks to this post at The Volokh Conspiracy, I see that the Fifth Circuit yesterday issued a brief ruling in US v. Bledsoe, 08-51217 (5th Cir. Oct. 20, 2009) (available here), in which a 19-year-old defendant had pled guilty to...
A potent pitch for decriminalizing marijuana
Posted on October 21, 2009Ethan Nadelmann, the executive director of the Drug Policy Alliance, has this new Politico commentary titled "Now, let?s decriminalize marijuana." The piece praises the new US Justice Department guidelines that discourage federal prosecution of persons complying with state medical marijuana...
"Facebook membership could prove costly for sex offender"
Posted on October 21, 2009The title of this post is the headline of this notable local article from New York. Here are some of the particulars from the start of the article: A convicted sex offender is facing up to three years in prison...
Georgia carries out uneventful lethal injection execution
Posted on October 21, 2009As reported in this local article, headlined "State executes pizza store killer," Georgia officials appeared to have no problem with a lethal injection protocol last night. Here are the basics: Condemned inmate Mark McClain was killed by lethal injection at...
Report on start of US Sentencing Commission regional hearing in Denver
Posted on October 21, 2009The Denver Post has this new article, headlined "U.S. Sentencing Commission hears from judges, prosecutors in Denver," reporting on the start of the USSC's latest regional hearing. Here are some of the details: A federal judge in Denver told the...
Federal sentence for receiving child porn includes forfeiture of home
Posted on October 20, 2009This local article from Kentucky, which is headlined "Lexington man sentenced to 15 years, forfeits home in child the sentencing of a child porn case. Here are the details: A Lexington man must spend more than 15 years in prison...
"White Collar Innocence: Irrelevant in the High Stakes Risk Game"
Posted on October 20, 2009The title of this post is the title of an important and timely new piece by Professor Ellen Podgor. Here is the abstract: When one thinks of ?wrongful convictions and reliability in the criminal justice process? one often thinks of...
"U.S. Support for Legalizing Marijuana Reaches New High"
Posted on October 20, 2009The title of this post is the headline of this new Gallup poll report. Here are some of the very notable particulars: Gallup's October Crime poll finds 44% of Americans in favor of making marijuana legal and 54% opposed. U.S....
Federal sentencing in Mob case becomes life imitating art
Posted on October 20, 2009Fans of the HBO TV series The Sopranos surely remember the fascinating character of Vito Spatafore, who was a subordinate of mob boss Tony Soprano and a closeted gay. This New York Daily News article reports on a sentencing in...
Interesting little SCOTUS criminal justice action today
Posted on October 20, 2009As detailed in posts from SCOTUSblog and Crime & Consequences, the biggest news coming from the Supreme Court today is its decision to take up a Gitmo case in Kiyemba, et al., v. Obama, et al. (08-1234), which concerns "whether...
New DPIC report assails costs (and opportunity costs) of death penalty administration
Posted on October 20, 2009As detailed in this CNN report and this press release, the Death Penalty Information Center has released a new study on the costs of capital punishment administration. The new study, which is available at this link, is titled "Smart on...
US Sentencing Commission regional hearing in Denver starts today
Posted on October 20, 2009As detailed in this prior post, the US Sentencing Commission has another one of its regional public hearings starting today. This fifth regional public hearing is taking place in Denver, Colorado, in Mineral Hall at the Hyatt Regency Denver. As...
New stay means Ohio executions almost certain not to resume until at least 2010
Posted on October 20, 2009This new New York Times article, which is headlined "Judge Delays Another Ohio Execution," highlights that my prediction that Ohio will not even close to executing anyone soon is looking pretty solid. Here are the basics: A federal judge has...
Are Apprendi and Blakely Justice Stevens' most favorite opinions?
Posted on October 19, 2009This morning's USA Today includes this lovely front-page articleby Joan Biskupic about Justice Stevens. The piece, which is headlined "Supreme Court's Stevens keeps cards close to robe; Long-serving justice, 89, a force behind the scenes," is a must-read for all...
"Arson case adds new twist to Texas candidates' death penalty stance"
Posted on October 19, 2009The title of this post is the headline of this interesting new article from the Dallas Morning News, which spotlights just one of the echoes of the new questions surrounding the guilt of executed Texas defendant Cameron Todd Willingham. Here...
UK advocacy group urges motherhood as a sentencing consideration
Posted on October 19, 2009This new BBC piece, which headlined "Courts 'should consider mothers'," reports on how an advocacy group across the pond is calling for consideration of family values at sentencing: Magistrates and judges in Wales should take account of whether women are...
Should there be an age floor for when a sex offense requires registration?
Posted on October 19, 2009In the Graham and Sullivan cases, the Supreme Court will be struggling with whether and how to set a constitutional floor on the age at which an offender can be given an LWOP sentence. This local article, headlined "Group opposes...
Should (and will) SCOTUS discuss standards of review for the Second Amendment when deciding incorporation?
Posted on October 19, 2009The question in the title of this post is the question that I will be asking the students in my Second Amendment seminar tomorrow. I think it is a good question without an obvious answer, and one that I suspect...
Split Seventh Circuit declares that 3553(a) factors cannot be considered in Rule 35(b) reductions
Posted on October 19, 2009Though the numerical provisions mentioned in the title of this post may only make sense to federal sentencing practitioners, the start of the majority and dissenting opinions in US v. Shelby, No. 08-2729 (7th Cir. Oct. 19, 2009) (available here),...
"Attorney General Announces Formal Medical Marijuana Guidelines"
Posted on October 19, 2009The title of this post is the headline of this official press release from the US. Department of Justice. Here are the highlights (heh, heh, dude, heh, heh, get it.... highlights!): Attorney General Eric Holder today announced formal guidelines for...
Reviewing Texas's recent record on capital clemency
Posted on October 18, 2009The Houston Chronicle has this new article on capital clemency in Texas, which is headlined "Perry uses clemency sparingly on death row; Governor has never called off an execution on a claim of innocence." Here are some notable snippets: In...
New report on mandatory minimum sentences from Pennsylvania Commission on Sentencing
Posted on October 18, 2009The Pennsylvania Commission on Sentencing late last week released this important research report, which is titled "A Study on the Use and Impact of Mandatory Minimum Sentences." The study was undertaken at the direction of the state legislature, and it...
Effective review of the decline of the criminal jury trial in Virginia and elsewhere
Posted on October 18, 2009The News Virginian has this interesting and effective article, headlined "Number of juried trials slumps both in Virginia, nationwide," that spotlights a trend that many shrewd criminal justice observers have known for some time. Here are excerpts from the piece:...
Off to Temple to participate in great program on prosecutorial discretion
Posted on October 16, 2009A delayed flight has provided me with a chance to note that I am off to Philadelphia this afternoon in order to participate tomorrow in the Temple Political and Civil Rights Law Review's symposium, which is titled "Examining Modern Approaches...
Friday forum: What kind of sentence would you give to Roman Polanski?
Posted on October 16, 2009The question in the title of this post is inspired by this new FindLaw commentary, which is headlined "What Kind Of Sentence Is Roman Polanski Facing?". Here is how the commentary starts and ends: Film director Roman Polanski's fate has...
"Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?"
Posted on October 16, 2009The title of this post is the title of this revised article draft via SSRN from Professor Meghan J. Ryan. Here is the abstract: There is a great struggle in the United States between proponents of the death penalty and...
The growing (and justified) complaints about Obama's approach to judicial nominations
Posted on October 16, 2009This new Washington Post article, which is headlined "Obama Criticized as Too Cautious, Slow on Judicial Posts," documents the growing complaints about the President's approach to judicial nominations. Here are excerpts: President Obama has not made significant progress in his...
"Willingham juror no longer sure of his guilt in Texas case"
Posted on October 16, 2009The title of this post is the headline from this new CNN piece. Here are excerpts: At least one member of the jury that sentenced Cameron Todd Willingham to death in the arson homicides of his three children says she...
"State forced to free 20 violent criminals"
Posted on October 16, 2009The title of this post is the headline of this very interesting local article from North Carolina. Here are some of the notable particulars: Twenty murderers, rapists and robbers sentenced to life in North Carolina prisons in the 1970s will...
Are Republicans likely to return to the "soft-on-crime" playbook in 2010?
Posted on October 15, 2009This new local article out of New York, headlined "New Drug Law Stirs 2010 Election Battles," prompts the question in the title of this post. Here are the basics: Queens Republicans and their Assembly colleagues signaled last week that they...
New Senate bill introduced to eliminate crack/powder federal sentencing disparity
Posted on October 15, 2009As detailed in this new Washington Post article, which is headlined "Senate Bill Would Eliminate Cocaine Sentencing Disparity," Senator Richard Durbin is championing a new bill to eliminate the crack/powder sentencing disparity in federal law. Here are some of the...
New report on juve LWOP in Massachusetts
Posted on September 30, 2009One of the many reasons I am always eager for the Supreme Court to take up more (non-capital) sentencing cases is because simply the decision to grant cert will often inspire public policy groups and the general public to notice...
A timely note on the constitutional questions surrounding the Adam Walsh Act
Posted on September 30, 2009I just came across this timely new Note on SSRN, titled "Federalism Challenges to the Adam Walsh Act," that is forthcoming in the Boston University Law Review. Here is the abstract: This Note addresses two provisions of the Adam Walsh...
ABA hosting second annual "Sentencing Advocacy, Practice & Reform Institute"
Posted on September 30, 2009I just received this notice of a great sentencing event taking place in DC in early November: The ABA Criminal Justice Section, in cooperation with our co-sponsors, is proud to present a one-day seminar to address a broad array of...
Is the "culture of death" slowly dying at the Supreme Court?
Posted on September 30, 2009As regular readers know, I have long complained about Supreme Court being caught up in what I called a ?culture of death?: a tendency of the Court to devote, in my view, far too much of its scarce judicial time...
A mooooooving story of sensible judging in Moooooorestown
Posted on September 30, 2009Thanks to blog posts here and here, I learned of a local story concerning a New Jersey sex offense case that calls out for comical commentary. This New York Daily News piece, headlined "Judge dismisses animal cruelty charges against police...
What is the best argument that Heller should only impact the feds? Will it get any votes?
Posted on September 30, 2009How Appealing does an effective job here assembling the early major news coverage of the Supreme Court's decision to grant cert in McDonald v. Chicago, the case concerning whether the Second Amendment as interpreted in Heller is applicable as a...
Ninth Circuit judges talking about meaning and import of Paul reversal(s)
Posted on September 30, 2009Federal sentencing fanatics know that the Paul case in the Ninth Circuit is significant because it was arguably the first (and might still be considered the only) circuit ruling that a within-guideline sentence should be reversed as substantively unreasonable...
Split Ohio Supreme Court upholds criminal punishment for DUI arrestee refusing chemical test
Posted on September 30, 2009As detailed in this official press release, this morning the Supreme Court of Ohio "upheld as constitutional a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person...
SCOTUS cert grants: Guns, sex offenders, and sentencing factors ... oh my!
Posted on September 30, 2009Reviewing (thanks to SCOTUSblog) the details of the ten cert grants announced by the Supreme Court this morning (basics here and here), I cannot help but feel a bit like a legal Dorothy heading through a jurisprudence thicket on the...
Might the Harris limit on Apprendi be at risk with O'Brien cert grant?
Posted on September 30, 2009Professor Kevin Reitz sent me this tantalizing e-mail in response to te Supreme Court's cert grant today in O'Brien (basics here): U.S. v. O?Brien gives the Court the chance to reconsider Harris v. U.S., 536 U.S. 545 (2002), which held...
Fundraiser Hsu gets 24-year (within-guideline?) federal sentence for ponzi scheming
Posted on September 29, 2009The high-profile, white-collar sentencing of the day is described in this Wall Street Journal article headlined "Campaign Fund-Raiser Hsu Sentenced to 24 Years in Prison." Here are the basics: A federal judge on Tuesday sentenced former Democratic fund-raiser Norman Hsu...
Seeking First Amendment and feminist perspectives on an escort's sentence
Posted on September 29, 2009This new federal sentencing story out of California, which is headlined "Stanford Law School grad turned call girl sentenced to home detention," has so many interesting and comment-worthy dimensions. First, the basics: A Stanford Law School graduate was sentenced Monday...
Important new NACDL report critical of modern drug court movement
Posted on September 29, 2009As detailed in this news release, the National Association of Criminal Defense Lawyers has today released an important new report on drug courts. The title of the press release. "Drug Courts Endanger Rights, Block Access To Needed Treatment for Drug....
"Roman Polanski Rep Says Justice Has Already Been Served"
Posted on September 29, 2009The title of this post is the headline of this new ABC News piece concerning a famous old child sex case that has become new again thanks to the famously neutral Swiss. Here is how this piece starts: As director...
Notable empirical examination of truth-in-sentencing laws in operation
Posted on September 29, 2009I just noticed on SSRN this article by two European economists titled "Responses to More Severe Punishment in the Courtroom: Evidence from Truth-in-Sentencing Laws." Here is the abstract: We investigate behavioral responses of agents in the criminal process to more...
Schools embrace sex-offender scanners despite costs of this form of technocorrections
Posted on September 29, 2009This article from today's Philadelphia Inquirer reports on the hottest new school accessory this fall: The three mothers waiting to meet with the principal looked harmless enough, but before they were allowed into the Spring-Ford district school, they had to...
Ohio Supreme Court asked to stay next scheduled execution in wake of botched attempt
Posted on September 28, 2009As detailed in this AP article, the Ohio death row inmate who is scheduled to be executed (for the first time) next week has today "asked the Ohio Supreme Court to delay his upcoming execution in light of problems with...
"Homeless Georgia Sex Offenders Directed to Woods"
Posted on September 28, 2009The title of this post is the headline of this ABCNews report that provides the latest example of some of the real-world consequences of sex offender residency restrictions. Here is how the piece begins: A small group of homeless sex...
NY Times editorial assails "High Cost of Death Row"
Posted on September 28, 2009Today's New York Times has this editorial contending that the high costs of the death penalty ought to lead cash-strapped states to move away from capital punishment. Here are excerpts from a piece headlined "High Cost of Death Row": To...
An early preview of Graham and Sullivan, the SCOTUS juve LWOP cases
Posted on September 28, 2009Writing in today's Los Angeles Times, David Savage has this preview of the two big Eighth Amendment cases to be heard this fall by the Supreme Court. The piece is headlined "Supreme Court to consider juvenile 'lifers': Does life without...
Another triple-digit federal sentence for ponzi schemer
Posted on September 28, 2009This local article, headlined "Ponzi scheme leader sentenced to 100 years," highlights another triple-digit federal sentence imposed on a white-collar offender earlier today. Here are the details of a sentencing today that fell a bit short of the Bernie benchmark...
"Forum: Does California need a sentencing commission?"
Posted on September 27, 2009The title of this post is the headline of this piece in the Sacramento Bee that sets up yes/no commentary answers from leading voices in the sentencing reform debate in California. Here is the set up, followed by links to...
A snippet of sex offender stories in the Sunday papers
Posted on September 27, 2009As is the norm these days, the Sunday newspapers have no shortage of notable sex offender stories. For example, the New York Times this morning brings us this piece, headlined "California Struggles With Paroled Sex Offenders." Meanwhile, my own local...
A few SCOTUS scouting pieces to gear up for the new season
Posted on September 27, 2009The new SCOTUS season is about to kick into high gear, with the Justices likely to announce a bunch of new cert grants this coming week and with a full slate of arguments to start the following week. For sentencing...
Interesting discussion of contributions and legacy of Jeremy Bentham
Posted on September 26, 2009I just noticed on SSRN this posting of an interesting looking book chapter discussing the contributions and legacy of Jeremy Bentham. Here is the abstract: Jeremy Bentham is associated in criminology with his invention of the 'Panopticon.' In many ways...
Notable buzz about proportionality review in capital cases
Posted on September 26, 2009A helpful reader passed along some helpful information about recent developments concerning proportionality review in capital cases. Here are the basics: A cert petition in Holmes v. Louisiana, which questions whether the operation of Louisiana?s capital punishment scheme and the...
Could and should new technologies help achieve perfect deterrence?
Posted on September 26, 2009This amusing article, which is headlined "Fantasy iPhone applications: 20 apps we would like to see," provides a technology suggestion that might help criminal deterrence work even better: Below we present 20 iPhone apps that we would like to see....
Alabama litigation over whether and how homeless sex offenders have to register
Posted on September 25, 2009This article from Alabama, headlined "Alabama's sex offender laws challenged," spotlights some of the legal difficulties surrounding registration requirements for homeless sex offenders. Here is how the piece starts: A Montgomery circuit judge has struck down a portion of the...
Technocorrections, economic realities and a new privacy/liberty relationship
Posted on September 25, 2009Today's Washington Post has this interesting article focused on alcohol monitoring devices, which is headlined "Sweat Becomes Offenders' New Snitch: Alcohol-Sniffing Anklet Saves Money but Stirs Privacy Fears." As this excerpt reveals, the piece discussion various important issues that come...
Around the blogosphere
Posted on September 25, 2009Here are some posts of note around the blogosphere to close out the week: From Crime & Consequences here, "Brunner on Death Penalty: Not Ready for Prime Time" From Grits for Breakfast here, "A conservative case for reducing incarceration" From...
Ninth Circuit awaits SCOTUS action on Second Amendment incorporation issue
Posted on September 25, 2009As detailed in this SCOTUSblog post, the Ninth Circuit decided on Thursday to "put on hold its consideration of a case testing whether the Second Amendment right 'to keep and bear arms' restricts laws passed by state and local governments."...
"Other states watching Arkansas lethal injection case"
Posted on September 25, 2009The title of this post is the headline of this AP article discussing arguments yesterday in the Eighth Circuit. Here is how it starts: An attorney for four Arkansas death row inmates who are challenging the state's lethal injection procedure...
"Time for a Moratorium to Rethink Executions"
Posted on September 24, 2009The title of this post is the headline of this new commentary now up at The Huffington Post authored by Ohio's Secretary of State (and US Senate candidate), Jennifer Brunner. The piece springboards off the failed execution attempt of Romell...
Oregon Supreme Court declares two non-capital sentences disproportionate
Posted on September 24, 2009A helpful reader altered me to today's ruling by the Oregon Supreme Court in State v. Rodriguez/Buck, No. S055720 (Ore. Sept 24, 2009) (available here), in which the Court relies on the state's constitutional proportionality provision to deem two sentences...
State judge makes pitch for ignition locks for drunk drivers
Posted on September 24, 2009Thanks to a helpful commentor, I just noticed this terrific Slate piece in which a retired state court judge makes an effective pitch for one of my favorite modern technocorrection punishment : ignition locks for drunk drivers. The piece is...
SCOTUS stays Texas execution based on pending Alabama case
Posted on September 24, 2009As detailed in this AP report, the "U.S. Supreme Court Wednesday night stopped the scheduled execution of Texas death row inmate Kenneth Mosley a day before he was to receive lethal injection for the fatal shooting of a suburban Dallas...
A Bill James furlough for a jailed Red Sox fan
Posted on September 24, 2009I became a Bill James fan as a kid after reading the baseball guru's extraordinary analysis of a seemingly meaningless loss mid-season by the Kansas City Royals in the mid 1980s. Two decades later, I recall this memory because of...
Below-guideline sentence for corrupt Alaska state representative
Posted on September 24, 2009As detailed in this local article from Alaska, which is headlined "Former Alaska rep gets 6 months in state's bribery scandal," another high-profile white-collar offender has received another high-profile below-guideline federal sentence. Here are the details: Former state Rep...
"Judge: Teen too pregnant for jail; She can give birth first, then go, judge says"
Posted on September 24, 2009The title of this post is the headline of this interesting local article from Michigan. Here are the details: A 19-year-old Pontiac woman was to be sentenced to prison Wednesday for her role in a crash that killed her pregnant...
Still another noteworthy federal child porn downloading sentence
Posted on September 23, 2009This local story, headlined "Teacher sentenced in child pornography case," provides yet another noteworthy example of the variation and uncertainty that surrounds federal child porn sentencing. Here are some unique parts of this sentencing story that drew my attention: Judge...
"Prosecutors Defend False Testimony as 'Truthful, but Inaccurate'"
Posted on September 23, 2009The title of this post is the headline of this new article in the National Law Journal. Here is how it gets started: Federal prosecutors in Chicago have asked a judge to reconsider her ruling last month that four convicted...
Pastor and city leaders fighting over sex offender working at church in California
Posted on September 23, 2009This local story out of California, which is headlined "Pastor: San Bernardino council ultimatum is unconstitutional," reports on the fascinating details of a brewing constitutional debate involving churches freedom and local sex offender restrictions...
Ninth Circuit upholds barring from San Francisco as a supervised release condition
Posted on September 23, 2009A Ninth Circuit panel today has an interesting ruling upholding an unusual condition of supervised release in US v. Watson, No. 08-10385 (9th Cir. Sept. 24, 2009) (available here). Here is how it starts: Deandre Watson, who pled guilty to...
Charting the uncertain future for death row inmates left behind after New Mexico repeal
Posted on September 23, 2009This interesting local article from New Mexico, which is headlined "Uncertain Fates: NM?s next governor could commute death sentences," discusses the uncertainty that surrounds the fate of the two condemned murderers that were left on death row even after New...
Gubernatorial candidates discuss California prison reforms
Posted on September 23, 2009This front-page article from today's Sacramento Bee, which is headlined "Gubernatorial hopefuls split on California prison changes," suggests that mostly standard ideas are coming from the leading candidates looking to take over one of the most dysfunctional sentencing and prison...
"Lil Boosie Gets Two-Year Prison Sentence For Drug Possession"
Posted on September 23, 2009And now from the entertainment sentencing news desk, as the title of this post is the headline of this sentencing story from MTV. Here are the basic details: Louisiana rapper Lil Boosie (born Torrence Hatch) pleaded guilty to a third-offense...
States continuing to consider prisoner release to deal with budget woes
Posted on September 22, 2009The economic realities of mass incarceration continue to impact state budgets and political debates, as evidenced today by this local feature out of Illinois headlined "Quinn's plan to release prisoners stirs debate." Here are the basics: There are still a...
"Plax prison touchdown"
Posted on September 22, 2009The title of this post is the headline of this little article in today's New York Post. Here are the basics: Plaxico Burress is due to turn himself in at 9:30 a.m. today to begin a two-year prison term. The...
State AGs and the Second Amendment incorporation debate
Posted on September 22, 2009Thanks to law.com, everyone can check out this very interesting piecefrom a California legal newspaper headlined "With 9th Circuit Set to Hear Firearms Case En Banc, Calif. AG Walks Line on Gun Control." Here are a few highlights: A hard-fought...
"Immigration Prosecutions at Record Levels in FY 2009"
Posted on September 22, 2009The title of this post is the headline of this new data item from the folks at the Transactional Records Access Clearinghouse (TRAC). Here is how the report starts: The latest available data from the Justice Department show that during...
Notable (and disturbing?) Third Circuit ruling on AEDPA and the Sixth Amendment
Posted on September 22, 2009The Third Circuit has an interesting ruling today in a habeas case that, though not exactly about sentencing, seems certain to intrigue readers. The opinion in Thomas v. Carroll, No. 06-2282 (3d Cir. Sept. 22, 2009) (available here) gets started...
Federal hearing about constitutionality of Ohio's re-execution attempt pushed back months
Posted on September 22, 2009This local AP story, which is headlined "Second attempt to execute Ohio killer further delayed," documents why the state of Ohio is very unlikely to get another chance to execute Romell Broom anytime soon. Here are the basics from the...
An international perspective on the right to remain silent
Posted on September 21, 2009This article from New Zealand, which is headlined "Crime victims slam right to silence," provides an interesting international perspective on what is often viewed as a cherished American constitutional right. Here are some highlights: Crime victims want an end to...
A (questionable?) Eighth Circuit reversal of a reduction in crack guideline retroactivity case
Posted on September 21, 2009The implementation of the retroactive crack guidelines has produced a lot of federal circuit court rulings, though most have involved a circuit affirming a district court's decision to deny a reduction to a defendant. But the Eighth Circuit has a...
A timely examination of data and integration amidst California's corrections craziness
Posted on September 21, 2009Professor W. David Ball has recently put up on SSRN on this timely analysisof California's sentencing and corrections challenges, which is titled "E Pluribus Unum: Data and Operations Integration in the California Criminal Justice System." Here is the abstract: The...
Are there reliable data on the efficacy of chemical castration?
Posted on September 21, 2009This question in the title of this post is prompted by this interesting new piece out of Australia, which discusses the idea of chemical castration for certain sex offenders. Here excerpts from the piece: A recent spate of stories about...
Federal stimulus money used to fund native american prison economy
Posted on September 21, 2009I found this item in the New Mexico Independent quite intriguing as a sign of the economic times. The headline is "Feds release $82 million in stimulus for criminal justice for several pueblos, Navajo nation," and here is how the...
"Dying in Vein: Is subjecting an inmate to a failed execution cruel and unusual punishment?"
Posted on September 21, 2009The title of this post is the headline of this new piece appearing on-line at Newsweek. Here is how it begins: Can a vein save a convicted killer? It the case of Romell Broom ? it might. Broom was sentenced...
Posts of note from The BLT
Posted on September 21, 2009These two posts from The BLT: The Blog of Legal Times tap into two very different issues that have long been of interest to me (and have been subject to lots of older and newer posts on this blog): The...
Reflective commentaries in the wake of Garrido's crimes
Posted on September 20, 2009The San Francisco Chronicle today has these two very different commentaries discussing how the California and other jurisdictions ought to react to the Garrido case: Toughen parole measures for sexual predators What we can learn from the Dugard case
Looking at Lawrence as an Eighth Amendment case
Posted on September 20, 2009Thanks to this post at CrimProf, I just noticed this intriguing piece by Sheldon Bernard Lyke on SSRN, which is titled "Lawrence as an Eighth Amendment Case: Sodomy and the Evolving Standards of Decency." Here is the abstract: This Article...
Yet another noteworthy below-guideline federal child porn sentence
Posted on September 19, 2009This local story from Washington state, which is headlined "2½-year sentence for man with 1,300 CDs of child porn," provides yet another example of the uncertainty and disparity surrounding federal sentencing for child porn offenses. First the facts as reported:...
Virginia Supreme Court rules that school boards decide whether sex offender can go on school property
Posted on September 19, 2009This local article, which is headlined "Schools can ban sex offenders," reports on an interesting ruling yesterday from the Virginia Supreme Court: School boards ? not judges ? have the final say about whether violent sex offenders or anyone else...
Lots of useful information in latest FAMMGram
Posted on September 19, 2009The homepage of Families Against Mandatory Minimums has this annoucement: "The FAMMGram is here! It's packed with news on efforts to change federal mandatory minimums, FAMM project updates and more." Among the features in this periodic newsletter that I found...
Is Japan's death penalty now about to be killed?
Posted on September 19, 2009When I teach the death penalty, I often urge student to note and reflect on the fact that Japan is like the US in being a modern industrialized democratic nation that has continued to use the death penalty. But this...
Specifics and predictions concerns stay of Ohio's effort to re-execute Broom
Posted on September 19, 2009This local article, headlined "Inmate's execution delayed for 10 days," provides more of the details and debate surrounding Ohio's efforts to try to execution again Romell Broom after its botched first attempt: A second attempt to execute condemned killer Romell...
Details on California's not-quite-complete prison population reduction plan
Posted on September 19, 2009This Los Angeles Times article, headlined "Governor's prison plan seeks more time to reduce inmate population: Schwarzenegger's proposal is submitted to federal judges Friday evening, only hours before the deadline," reports on the latest prison reform doings in California...
Another prominent athlete presents another potential Second Amendment test case
Posted on September 19, 2009Regular readers know that I was disappointed that Plaxico Buress did not assert a serious Second Amendment claim after being charged and prosecuted in New York with serious crimes based on his possession of a gun for personal self-defense (details...
"Inmate Will Testify About Failed Execution"
Posted on September 18, 2009The title of this post is the headline of this article from the New York Times concerning one of the ways in which Ohio's botched execution attempt has created some interesting legal action in on-going lethal injection litigation. Here are...
Judge Gerard Lynch becomes first lower-court Obama nominee confirmed by Senate
Posted on September 18, 2009As detailed in this pieceavailable at law.com, the "Senate on Thursday confirmed Gerard Lynch for the 2nd U.S. Circuit Court of Appeals, giving overwhelming approval to the Southern District of New York judge who presided over cases involving former basketball...
Latest litigation update surrounding Ohio's unexecuted and re-execution plans
Posted on September 18, 2009This AP article provide the latest, but certainly not the last, update on the litigation surrounding Ohio's botched execution attempt this past Tuesday and its plans to try again this Tuesday. Here are a few highlights: An attorney for an...
"Athlete's sentence: No prison, no sports"
Posted on September 18, 2009The title of this post is the headline of this local Ohio article that a helpful reader sent my way. Here are the fascinating details: Applause turned to gasps in a Butler County courtroom Thursday as a judge announced an...
Unpublished Sixth Circuit ruling addresses departure/variance distinction
Posted on September 18, 2009The Sixth Circuit released an interesting unpublished ruling in US v. Simpson, No. 08-5293 (6th Cir. Sept. 16, 2009) (available here), which finds procedurally unreasonable a district court sentencing determination that failed to properly distinguish its departure authority and its...
California's court-ordered plan for prison population reductions to come up short
Posted on September 18, 2009As detailed in this Sacramento Bee article, which is headlined "Schwarzenegger's prisons plan will fall short of judges' order," California's Governor will be filing today a plan to address overcrowding in the state's prisons, but the specifics might not make...
Using GPS in California to keep sex offenders away from a county fair
Posted on September 17, 2009This local article highlights an interesting use of GPS technocorrection as a means to keep California sex offenders away from a notable public region: Law enforcement officials will use global positioning system tracking technology to monitor sex offenders at the...
Will (and when and how will) SCOTUS have to weigh in on Ohio's desire to try execution again?
Posted on September 17, 2009This new AP article, headlined "Lawyers try to stop second Ohio execution try," reports on the latest legal news concerning Ohio's plan to try again to execute Romell Broom. Here are highlights: Lawyers plan state and federal lawsuits and a...
Seeking input on the most under-appreciated part of the US Constitution
Posted on September 17, 2009The BLT's Morning Wrapnotes that today is "Constitution Day." Here's its celebratory note: On this day in 1787, the Constitution was signed, and the anniversary is being marked by the National Archives, the Library of Congress, the Constitution Project, and...
Should President Obama be praised or assailed for his approach to judicial nominations so far?
Posted on September 17, 2009Jeffrey Toobin has this really interesting article on President Obama's approach to judicial appointments in the New Yorker. Here are just a few notable snippets that ought to engage everyone: Just eight months into his first term, Obama already has....
Notable reactions in national and local papers in response to Ohio's "unexecuted"
Posted on September 17, 2009Both the New York Times and the Columbus Dispatch have fascinating articles with lots of notable quotes concerning Ohio's difficulty on Tuesday trying to execute Romell Broom via lethal injection. First, this NYT article under the headline "Ohio Plans to...
"Theorizing Fines"
Posted on September 17, 2009The title of this post is the title of this new piece I just noticed on SSRN from Professor Pat O'Malley of the University of Sydney. Here is the abstract: Given their central place as a sanction in criminal justice,...
Miami sex offender residency restriction upheld by state court
Posted on September 17, 2009This Miami Herald story, headlined "Judge rules Miami-Dade sex-offender residency law is valid," reports on a new ruling in a high-profile case involving a local residency restriction in Florida. Here are the basics: The American Civil Liberties Union of Florida...
UK advocate saying botched Ohio execution should be US turning point on death penalty
Posted on September 16, 2009I suspect that yesterday's botched execution attempt here in Ohio likely could become a big national and international story, and this new item from a UK paper confirms my suspicion. The piece is headlined "The American way of death:A botched...
The extra re-entry challenges for sex offenders after the Garrido case
Posted on September 16, 2009The AP has this interesting new article headlined "California case casts harsh spotlight on sex offenders." Here is how it starts: After being locked away for 25 years for sex crimes, Donald Robinson moved to a little block of unassuming...
Texas CCA finds procedural bar to considering amor-afflicted death sentence
Posted on September 16, 2009This AP article, which is headlined "No retrial for condemned man after judge-DA affair," reports on a notable ruling from the highest criminal court in Texas: A Texas death row inmate won't be able to argue for a new trial,...
Details on the botched Ohio execution, issue spotting, and seeking predictions
Posted on September 16, 2009This story from the Cleveland Plain-Dealer has more details on Ohio's botched effort to execute Romell Broom yesterday and some reactions to it: For more than two hours, the team attempted to insert two shunts into a vein of the...
Data bleg on gender, crime, victims and punishment
Posted on September 16, 2009For various reasons, I have been thinking a lot lately about the gender realities in crime and punishment, and I am starting a new scholarly project that call for citing some historical and modern data relating to gender, crime, victims...
"Why Did China Reform It?s Death Penalty?"
Posted on September 16, 2009The title of this post is the title of this interesting new paper by Kandis Scott that I just discovered on SSRN. Here is the abstract: China recently reformed its death penalty procedures, and as a result the government has...
What can and should be done about prison staff sex abuse of prisoners?
Posted on September 16, 2009A helpful reader pointed me to this notable column by in the Washington Post, which is headlined "Chilling Findings in Report on Prison Sex Abuse." Here is how it starts: Prisoners don't command much respect. Those who steal, rape and...
"The Disutility of Injustice"
Posted on September 16, 2009The title of this post is the title of this interesting new article on SSRN by Paul Robinson, Geoffrey Goodwin, and Michael Reisig. (Hat tip: the new CrimProf.) Here is the avstract: The retributivists and the crime-control instrumentalists have seen...
GenRe executive reaps the sentencing benefits of white-collar cooperation
Posted on September 16, 2009This Reuters article, which is headlined "Former General Re exec gets probation in AIG fraud," spotlights the sentencing benefits that often flow from being a white-collar cooperator. Here is how it starts: A former executive of reinsurer General Re Corp...
Ohio struggling, legally and practically, with effort to execute offender today
Posted on September 15, 2009One would think that, with four executions completed in the last few months, Ohio would now have its modern system of state killing down to a science. However, as this new AP report details, the state is having a very...
The technical challenges posed by technocorrections
Posted on September 15, 2009I just discovered this local article out of Florida last week, which is headlined "Judge: Hairspray falsely triggered alcohol-monitoring device." For fans of technocorrections, this story is a bit sobering: A 17-year-old girl?s alcohol-monitoring device was triggered by continued exposure...
One hundred pot arrests every hour, though blogger Andrew Sullivan gets a federal break
Posted on September 15, 2009TalkLeft has these two posts providing effective coverage of two interesting "drug war" stories concerning marijuana crimes that have developed in recent days: New FBI Report: A Pot Arrest Every 37 Seconds in 2008 Judge Says Blogger Andrew Sullivan Got...
Editorial suggests why federal judges have had to be involved in California prison reform
Posted on September 15, 2009The Sacramento Bee has this effective new editorial reviewing all the latest California prison reform happenings, which is headlined "Assembly invites judges to intervene." Here are excerpts: Gov. Arnold Schwarzenegger has until Friday to submit a prison population reduction plan...
Blogger being prosecuted for threatening judges gets transfer and restricted bail
Posted on September 15, 2009This new article from the National Law Journal, which is headlined "Blogger Charged With Threatening 7th Circuit Judges Gets Home Confinement," reports on the latest developments in a notable federal criminal case: U.S. District Judge Donald Walter has ordered the...
Interesting empirical study of sentencing in Nevada
Posted on September 15, 2009I just came across this paper on SSRN, titled "Felony Sentencing in Rural and Urban Courts: Comparing Formal Legal and Substantive Political Models in the West." Here is the abstract: This study explored two models of sentencing in urban and...
More on Ohio's execution troubles and what could happen next
Posted on September 15, 2009This new article at CNN now has a pretty full report on what happened today in Ohio when the state sought to execute a condemned murderer: Ohio Gov. Ted Strickland on Tuesday gave a death-row inmate a one-week reprieve after...
UK gives life with parole for terrorists convicted of airline bomb plot
Posted on September 14, 2009This new CNN article, which reports on three high-profile terror defendants getting sentenced in London, provides an interesting point of comparison concerning life sentences in the US and other parts of the world. First, here are the basics: Three men...
"Citizens with Guns: Firearms & American Identity"
Posted on September 14, 2009The title of this post is the title of a new article from Pratheepan Gulasekaram, which seems especially timely in light of the recent presence of gun-toting folks at various health-care town halls last month. Also, as the abstract reveals,...
Michigan looking at its (many) juve life sentences
Posted on September 14, 2009These two new articles in the Detroit News spotlight that "Michigan is among a growing number of states reconsidering whether juveniles should be sentenced to life behind bars with no chance of parole": Mich. to rethink teen life sentence: House...
Third Circuit approves of fast-track variances based on Kimbrough
Posted on September 14, 2009In what looks to be a long and thoughtful opinion, the Third Circuit today in US v. Arrelucea-Zamudio, No. 08-4397 (3d Cir. Sept. 14, 2009) (available here), has ruled that federal sentencing judges in non-fast-track districts can grant fast-track variances...
Virginia prosecutors seeking November execution date for DC sniper
Posted on September 13, 2009This CNN article details that Virginia prosecutors are hoping to execute the condemned DC sniper, John Allen Muhammad, before the end of this year: Virginia prosecutors are asking a state court to set a November 9 execution date for John...
"Disproportionate Sentencing for Possession of Child Pornography: Witchcraft Trials of the Modern Age?"
Posted on September 13, 2009The title of this post is the title of this notable student note by Jesse Basbaum that I just noticed on SSRN. Here is the abstract: This Note identifies several infirmities of United States Sentencing Guideline section 2G2.2, the sentencing...
Seeking thoughts on a "professional judiciary" for sentencing law
Posted on September 12, 2009Over at Concurring Opinions, Gerard Magliocca has this post, titled "A Professional Judiciary?", which note and criticizes the early pattern of President Obama to elevate lower court judges in his nomination choices. Here it is in full: Yesterday I was...
Updates on all the prison craziness in California
Posted on September 12, 2009As detailed in this Los Angeles Times article, legislators in California finalized its "plan to cut the state's giant prisons budget, passing a hard-fought measure that would reduce the inmate population by thousands but stop far short of solving the...
"What Prevents the Application of the Thirteenth Amendment in Prison?"
Posted on September 12, 2009The title of this post is part of the title of this interesting-looking new paper on SSRN from Raja Raghunath, which is fully titled "A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison?"....
Looking at collateral consequences from "race and dignity" perspective
Posted on September 11, 2009I just noticed on SSRN this new piece, titled "Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity," by Michael Pinard. Here is the abstract: This article explores the racial dimensions of the various collateral consequences that attach...
"U.S. Sentencing Commission Urged to Give Judges More Flexibility"
Posted on September 11, 2009The title of this post is the headline of this new article in the Washington Post discussing testimony at this week's US Sentencing Commission's regional hearing in Chicago. Here is how the article starts: Advocates for added flexibility in criminal....
Split Sixth Circuit affirms one-day prison sentence for downloading child porn
Posted on September 11, 2009Providing another example of the disputes and disparities engendered by sentencing in federal child porn possession cases, a split panel of the Sixth Circuit today affirms as reasonable a one-day prison sentence in US v. Stall, No. 08-4064 (6th Cir.....
Massachusetts update on the challenges of the prison economy
Posted on September 11, 2009This Boston Globe article, headlined "Prisons facing $100m in cuts: Fiscal scenario may prompt closings, layoffs," provides a Bay State perspective on the difficulties posed by the modern prison economy. Here are excerpts: Under increasing financial pressure, the state?s prison...
Crooked state juve judges indicted now on federal racketeering charges
Posted on September 10, 2009This new piece from the Legal Intelligencer, which is headlined "Pa. Judges in Corruption Scandal Indicted for Racketeering," provides the latest news on the remarkable case involving two allegedly crooked state juve judges: A federal grand jury has handed down...
Judges complaining to USSC about guidelines for child porn possession
Posted on September 10, 2009This new article from the National Law Journal, which is headlined "Sentences for Possession of Child Porn May Be Too High, Judges Say," reports on some testimony from the latest US Sentencing Commission regional hearing. Here are highlights: Judges testifying...
Ninth Circuit panel finds retroactive part of SORNA unconstitutional
Posted on September 10, 2009The Ninth Circuit, in an lengthy panel opinion authored by Judge Reinhardt, today declares in US v. Juvenile Male, No. 07-30290 (9th Cir. Sept. 10, 2009) (available here) that part of the federal Sex Offender Registration and Notification Act is...
When and how will DOJ Sentencing and Corrections Working Group report on its conclusions?
Posted on September 10, 2009As noted in this prior post, the US Sentencing Commission hears a second day of testimony as part of its Chicago regional public hearings, and this official agenda shows that this morning started with testimony from two US Attorneys. And,...
New Amnesty International report on the death penalty in Japan
Posted on September 10, 2009As detailed in this new CNN piece, Amnesty International has issued a new report urging Japan's government "to establish a moratorium on executions and consider abolishing the death penalty." Here are more of the details from CNN: Death row inmates...
A proposal from California to create a registry for arsonists
Posted on September 10, 2009As detailed in this Los Angeles Times article, "Los Angeles County's largest fire in modern history led a pair of California lawmakers Wednesday to step up efforts to win congressional approval of legislation that would set up a national system...
"Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended
Posted on September 10, 2009The title of this post is the title of this new article on SSRN from Professor Frank Bowman. I consider everything Frank writes to be a must-read, but this 100-page magnum opus seems especially worthy of attention. Here is the...
FAMM survey on views about sentencing reform
Posted on September 10, 2009I received this inquiry from Families Against Mandatory Minimums via e-mail today, and was informed that FAMM would like to hear from as many persons as possible: Why do you care about FAMM and sentencing justice? Take FAMM's survey and...
"Sex Offender Registries: Fear Without Function?"
Posted on September 09, 2009The title of this post is the title of this research paper I just noticed on SSRN authored by Amanda Agan of the University of Chicago Department of Economics. The paper seems especially timely in light of the on-going discussion...
Astute views from the district court about post-Booker sentencing realities
Posted on September 09, 2009As noted in this prior post, today the US Sentencing Commission started yet another one of its regional public hearings. This fourth regional public hearing is taking place in Chicago, and this official agenda details the a fascinating group of...
Another noteworthy below-guideline federal child porn sentence
Posted on September 09, 2009This local article, headlined "Asperger's lightens prison sentence for man in child porn case," reports on another notable federal child porn sentence. Here are the basics: A Bettendorf man with Asperger's Syndrome who graduated from college with three majors and...
A reported promotion for the judge who gave Madoff the max
Posted on September 09, 2009The New York Times is reporting in this article, headlined "Madoff?s Sentencing Judge To Be Appellate Court Choice," that the federal district judge who maxed out Bernie Madoff is soon to be nominated to the Second Circuit. Here are the...
Shaming t-shirts ordered as part of community service sentence
Posted on September 09, 2009Given that shaming sentences would seem to have special appeal during lean economic times when the costs of traditional punishment are of great concern, I am somewhat surprised that there has not been more discussion and debate of these kinds...
"A Move to Register Sex Offenders Globally"
Posted on September 08, 2009The title of this post is the headline of this new piece in Time. Here is how it gets started: While the world's attention was focused on Phillip Garrido, who is accused of abducting 11-year-old Jaycee Lee Dugard in 1991...
Updated supplement for Sentencing Law and Policy casebook now available
Posted on September 08, 2009As a new school year gets underway, I am happy to be able to share an updated electronic supplement providing additional materials to accompany the second edition of the Sentencing Law and Policy casebook. Anyone can download this 2009-2010 supplement...
"Judges Punish Wall Street as Regulators Just Talk About Reform"
Posted on September 08, 2009The title of this post is the headline of this interesting Bloomberg piece that suggesting that federal sentencing judges are playing a central role in responding to the recent economic crash. Here is how the piece gets started: As the...
China struggles with drunk driving sentencing
Posted on September 08, 2009As one who is always concerned with the US approach to sentencing drunk driving, I was intrigued to see this AP story from China concerning that country's struggle with this crime and effective punishments. Here are excerpts from the piece:...
Another notable uptick in below-guideline sentences in latest data run from USSC
Posted on September 08, 2009The US Sentencing Commission has some notable new sentencing data now up on its website. The USSC's latest data report, which can be accessed here, is described this way: Third Quarter FY09 Quarterly Sentencing Update: An extensive set of tables...
Reflecting on community intuitions about justice and punishment
Posted on September 07, 2009As spotlighted in this paper and in lots of other thoughtful work, Paul Robinson has pioneered and championed a concept he calls "empirical desert" that is focused on having community intuitions of justice as the backbone of a criminal justice...
A remarkable concurrence in the affirmance of a long mandatory minimum sentence
Posted on September 07, 2009Late Friday the First Circuit affirmed the application of a 20-year mandatory minimum sentence in a single-page per curiam opinion in US v. Cirilo-Munoz, No. 08-1830 (1st Cir. Sept. 4, 2009) (available here). The opinion in Cirilo-Muno is blog-worthy because...
Confronting the gendered realities of extreme sex crimes
Posted on September 07, 2009Most serious observers of the criminal justice system surely recognize how dramatically "gendered" much criminal offending tends to be ? i.e., the vast majority of serious criminal offenders are men, and many female offenders get involved in crimes because of,...
Notable criminology studies from international sources
Posted on September 07, 2009Catching up with some of the SSRN pieces in my in-box, I discovered these two notable criminology pieces from researchers working outside the USA: Crime, Economic Conditions, Social Interactions and Family Heritage Abstract: This paper tests whether factors referring to...
When and how will SCOTUS respond to the California prison litigation?
Posted on September 07, 2009As detailed in this San Jose Mercury News article, "California officials Friday asked the U.S. Supreme Court to block a lower court order that forces the state to quickly devise a plan to shed more than 40,000 inmates from its...
Seeking deep throughts in reaction to "The Recession Behind Bars"
Posted on September 06, 2009Today's New York Times includes this fascinating op-ed, headlined "The Recession Behind Bars," which is authored Kenneth Hartman, who is nearing the end of his third decade in prison following a 1980 conviction for murder that led to an LWOP...
Interesting review of closing penitentiaries due to the prison economy
Posted on September 06, 2009This weekend's Wall Street Journal includes this effective piece headlined "Lights Out at the Penitentiary: Strapped States are Shutting Prisons, But Moving 1,100 Inmates -- Beds and All -- Is a Trial." Here is how it gets started: Jeffrey Woods,...
Detailed examination of the death penalty in Louisiana
Posted on September 06, 2009The Shreveport Times today has this effective article, headlined "Louisiana death penalty: an eye for an eye or ineffective?," which provides a detailed examination of the death penalty in Louisiana. The paper indicates that this piece is only "the first...
"Cash-strapped states revise laws to get inmates out"
Posted on September 05, 2009The title of this post is the headline of this effective article from today's Los Angeles Times. Here is how it gets started: After decades of pursuing lock-'em-up policies, states are scrambling to reduce their prison populations in the face...
"Not Innocent Enough: The elusive search for the sufficiently innocent death-row victim"
Posted on September 05, 2009The title of this post is the headline of this Slate article by Dahlia Lithwick, which connects the recent death penalty stories surrounding Troy Davis and Cameron Todd Willingham. Here is how it starts and ends: For years, death-penalty opponents...
Fascinating district court refusal to accept a (coercive?) plea deal
Posted on September 04, 2009A helpful reader sent me copy of a fascinating five-page district court ruling from earlier this week in US v. Taliaferro, No. 08-cr-7-1-SM (D.N.H. Sept 1, 2009) (available for download below). The start and end of the order highlights why...
Split Seventh Circuit panel discusses importance of right to allocute
Posted on September 04, 2009A split Seventh Circuit has an extended and interesting discussion of a defendant's right to allocute and lots of other notable issues in US v. Noel, No. 07-2468 (7th Cir. Sept. 4, 2009) (available here), which is yet another ugly...
Eighth Circuit affirms stat-max sentence for false statement in bankruptcy proceeding
Posted on September 04, 2009With a struggling ecomony perhaps leading more and more businesses and persons to consider declaring bankruptcy, a ruling today from the Eighth Circuit in US v. Waldner, No. 08-2606 (8th Cir. Sept. 4, 2009) (available here), provides a sharp reminder...
US Sentencing Commmission makes official its ambitious priorities
Posted on September 04, 2009Back in June, as detailed in this post, the US Sentencing Commission released its "notice of proposed priorities and request for public comment ... for the amendment cycle ending May 1, 2010." As I noted back then, unlike in prior...
Interesting forfeiture ruling from split Washington Supreme Court
Posted on September 04, 2009Thanks to this post at How Appealing, I saw this Seattle Times article, headlined "State Supreme Court: Parents can keep cars used by drug dealing son," which describes a notable forfeiture decision by a state high court. Here is how...
Lots of interesting criminology reading for a long weekend
Posted on September 04, 2009I noticed via the SSRN criminology abstracts a lot of interesting-looking new papers: Law, Legal Institutions, and the Criminalization of the Underclass by David Ray Papke Thug Life: Hip Hop?s Curious Relationship with Criminal Justice by andre douglas pond cummings...
"Federal Judge Refuses To Take New Criminal Cases"
Posted on September 03, 2009The title of this post is the headline of this NPR piece about a notable federal district judge's decision to reshape his docket. Here are the basics from the piece: A federal judge in Milwaukee has taken the unusual step...
US Sentencing Commission regional hearing in Chicago next week
Posted on September 03, 2009As detailed in this brief public notice, the US Sentencing Commission has another one of its regional public hearings on tap for next week. This fourth regional public hearing is scheduled for Sept 9-10, 2009, in Chicago will be held...
Lots of interesting news and notes about parole
Posted on September 03, 2009In the news today are a number of interesting items about parole: From the Gainesville Sun here, "Editorial: Parole reform" From Reuters here, "Dying Manson follower Atkins denied parole" From the Richmond Times Dispatch here, "Some inmates eligible for parole...
Three-judge panel refuses to stay order requiring California to reduce its prison population
Posted on September 03, 2009As detailed in this Los Angeles Times piece, a "panel of federal judges today denied state officials? request to delay an order that they produce a plan to reduce California's prison population by 40,000 inmates." Here is more: Aides to...
"Pa. lifers seeking clemency in wake of US ruling"
Posted on September 03, 2009The title of this post is the headline of this new AP article discussing litigation and other developments surrounding possible clemency grants for those serving life sentences in Pennsylvania. Here are excerpts: Tyrone Werts earned a college degree, counseled at-risk...
Might the ugly Garrido case result in needed changes to sex offender registries?
Posted on September 03, 2009This new article in the Wall Street Journal, which is headlined "Sex-Registry Flaws Stand Out," has me wondering and hoping that the horrid Phillip Garrido case might prompt needed reforms to ever-expanding sex offender registries. Here are snippets: The case...
Study suggests support for death penalty still strong despite innocence concerns
Posted on September 02, 2009The title of this post is meant to be quite different from the headline of this new Los Angeles Times article, which is headlined "Californians' support for death penalty waning: A survey shows public support has dropped from 79% to...
"Race, Death and Disproportionality"
Posted on September 02, 2009The title of this post is the title of this new piece I noticed on SSRN from Scott Howe. Here is the abstract: Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment. In McCleskey v....
Justice Stevens' clerk hiring can start next round of SCOTUS speculation
Posted on September 02, 2009Even though new Justice Sotomayor has not yet even heard her first case, this new AP article seems sure to start a new round of Supreme Court transition talk. Here's the lead: "Supreme Court Justice John Paul Stevens has hired...
Good news on crime victimization rates in 2008
Posted on September 02, 2009Various folks expressed concern that the down-turn in the economy in 2008 could and likely would lead to an increase in crimes. But, as this DOJ press release details, the latest, greatest statistics suggest that crime victimization decreased from 2007...
California begins SCOTUS appeal process for federal ruling ordering prisoner release
Posted on September 02, 2009This Sacramento Bee article details that California has begun the process for appealing the recent three-judge special panel ruling that called for a dramatic cut in California's prison population. Here are the basics: State lawyers said Tuesday they will try...
Garrido case leading to useful reflections and questions about sentencing practices
Posted on September 02, 2009Often, one high-profile ugly crime by a repeated offender leads to an extreme reaction to an outlier case. This my be part of the story that follows the discovery of the remarkable crimes of the Garrido family, but we should...
My (now published) take on the MPC sentencing revisions
Posted on September 02, 2009This past January, I was part of a panel at the 2009 AALS conference talking about the American Law Institute's on-going revision of the sentencing chapters of the Model Penal Code. As detailed here, the Florida Law Review has now...
Lots of great, and very different, new stuff at some blog favorites
Posted on September 02, 2009Lots and lots of great new posts can be found at these often great crim law blogs: Crime and Consequences CrimProf Blog Grits for Breakfast
The latest prison and sentencing reform news from California
Posted on September 01, 2009As detailed in this local article, headlined "California Assembly passes prison-cut plan less sweeping than Senate's," the drama surrounding prison and sentencing reform in California continues apace. Here are some of the details of the latest news: The California Assembly...
"Moral Sentiments and the Justification of Punishment"
Posted on September 01, 2009The title of this post is the title of this interesting-looking new piece from Thom Brooks recently posted on SSRN. Here is the abstract: What is the relationship between our moral sentiments and the justification of punishment? One position is...
Reactions to the NC ruling in Britt felon gun rights case
Posted on September 01, 2009This new local article, headlined "Felon wins the right to own a gun: Narrow ruling causes big stir," reports on reactions to the North Carolina Supreme Court's ruling in Britt v. State, No. 488A07 (NC Aug. 28, 2009) (available here),...
How will death penalty proponents respond to "Trial by Fire"?
Posted on September 01, 2009I have now read this potent and must-read article, headlined "Trial by Fire: Did Texas execute an innocent man?", in this week's New Yorkerconcerning the Cameron Todd Willingham case. In the article, David Grann effectively reviews all the reasons to...
New poll has majority saying alcohol is more dangerous than marijuana
Posted on September 01, 2009This new report from Rasmussen, which is headlined "51% Rate Alcohol More Dangerous Than Marijuana," should give yet another boost toward efforts to legalize the (no-longer-?) wicked weed. Here are the basics: Fifty-one percent (51%) of American adults say alcohol...
If you ever wondered what might happen if you sold balg eagle feathers...
Posted on August 31, 2009this new Justice Department official press release, titled "Arizona Man Sentenced for Selling Bald Eagle Feathers," provides an answer: Cedric E. Salabye of Dilkon, Ariz., was sentenced Friday in federal court in Phoenix for selling 11 bald eagle tail feathers,...
"Links to Sex Crimes to Follow Texas Suspects"
Posted on August 31, 2009The title of this post is the headline of this interesting article in today's Wall Street Journal. Here is how it begins: Desirée Wood gave up hope that the man who raped her 20 years ago in Dallas would ever...
Will new evidence of Texas executing an innocent man alter modern death penalty debates?
Posted on August 31, 2009As detailed in this new New York Times editorial, headlined "Questions About an Execution," more folks are coming to the view that Texas executed an innocent man in 2004. The editorial provides the basic facts and notes the standard abolitionist...
Lots of notable new and timely Findlaw commentaries
Posted on August 31, 2009The folks at Findlaw do a great job in its Writ section getting top academics to do timely commentaries on legal issues of current debate and interest. Here are some commentaries from the last few weeks that ought to interest...
Sex offender driven to drink and drive by registration requirement
Posted on August 31, 2009This little local story, headlined "Police: Pa. man drove drunk to Megan's Law meeting," is both funny and not-so-funny. Here are the basics: A convicted child sex offender has been charged with drunken driving because he allegedly showed up intoxicated...
Dueling persectives on proposed California prison reforms and a new challenge
Posted on August 31, 2009As highlighted in the links below, the California editorial pages are buzzing over the state's on-going debate over prison and sentencing reforms. And, as these two pieces reveal, California lawmakers will be criticized no matter what they do (or don't...
Will NC's new Racial Justice Act effectively kill the state's death penalty?
Posted on August 30, 2009This interesting local article from North Carolina, which is headlined "New death penalty law concerns Pitt attorney," prompts the question of this post. The piece provides one local prosecutor's perspective on the likely impact of North Carolina's new Racial Justice...
Trickle-down realities of the prison economy in California
Posted on August 30, 2009This local article from California, which is headlined "State prison cuts' effect on county jail feared," spotlights the trickle-down impact of most prison cuts at the state level. Here are excerpts: After four years of declines in the number of...
Plenty of blame to go around in high-profile failure of "supervised parole"
Posted on August 30, 2009This big crime story of the past week concerned the discovery that convicted rapist Phillip Garridowas able to kidnap and keep a young girl in backyard dwellings for nearly two decades. This is, of course, a sentencing story in many...
North Carolina Supreme Court finds state constitutional right for some felons to bear arms
Posted on August 29, 2009Thanks to this post at The Volokh Conspiracy, which is titled "Felons and the Right To Bear Arms," I discovered that late yesterday the North Carolina Supreme Court ruling in Britt v. State, No. 488A07 (NC Aug. 28, 2009) (available...
Federal prosecutors again found to have committed severe misconduct
Posted on August 29, 2009This article from the Chicago Tribune, headlined "Prosecutorial misconduct seen in drug trial: Witness allowed to testify falsely, federal Judge Joan Lefkow rules," reports on yet another disturbing case of federal prosecutorial misconduct emerging from a prominent US Attorney's Office...
Interesting information about LWOP instructions in capital cases
Posted on August 29, 2009Thanks to this new item at the Death Penalty Information Center, everyone can check out how "states apply a variety of conditions and use differing instructions to inform" a capital jury about life without parole as a sentencing alternative. Here...
"Why March to a Uniform Beat?: Adding Honesty and Proportionality to the Individualized Tunes of Federal Sentencing "
Posted on August 28, 2009The title of this post is the title of this interesting-looking new piece on SSRN from Jelani Jefferson Exum. Here is the abstract: The Federal Sentencing Guidelines were initially created to increase uniformity in sentencing by diminishing the influence of...
What should be the US Sentencing Commission's priorities these days?
Posted on August 28, 2009Remarkably, we are rapidly approaching the five-year anniversary of the Supreme Court's decision to make the federal sentencing guidelines advisory in Booker. Much can be said about what Booker has changed, but what Booker clearly has not changed in the...
Seventh Circuit enforces requirement that district judges address non-frivolous sentencing arguments
Posted on August 27, 2009The Seventh Circuit today issued an important little opinion on post-Booker procedural requirements in US v. Villegas-Miranda, No. 08-2308 (7th Cir. Aug. 27, 2009) (available here). Here is a key passage from the ruling (with internal cites and quotes left...
What should we take away from the latest private prison scandal?
Posted on August 27, 2009The New York Times reported yesterday on the latest private prison scandal in this piece headlined "Hawaii to Remove Inmates Over Abuse Charges." Here are some of the details: Hawaii prison officials said Tuesday that all of the state?s 168...
Notable Second Circuit ruling on problems with long-delayed sentencing
Posted on August 27, 2009The Second Circuit has an intriguing little sentencing ruling today in US v. Ray, No. 08-2795 (2d Cir. Aug. 27, 2009) (available here). Here is how the opinion's official abstract explains the issues covered: Appeal from a judgment of the...
The next chapter in the Troy Davis story begins
Posted on August 27, 2009The Atlanta Journal-Constitution has this story, headlined "Troy Davis case treads new legal ground," which details how the Troy Davis case will be proceeding in the district court after it was transfered there by the Supreme Court: A federal judge...
Latest news on sentencing and prison reform in California
Posted on August 27, 2009Anyone closely following the saga of proposed sentencing and prison reforms in California will want to be sure to check out these two new press reports: From the Contra Costa Times here, "Assembly to push milder prison reform plan" From...
Assessing Senator Kennedy's sentencing reform legacy
Posted on August 26, 2009As reported here, Senator Edward Kennedy passed away last night at the age of 77. Though I doubt the mainstream media will talk much, if at all, about his foundational role in federal sentencing reform efforts, I will always think...
Illinois creates a new sentencing "advisory council"
Posted on August 26, 2009As detailed in this press release, Illinois "Governor Pat Quinn on Tuesday signed a package of bills reducing the complexity and length of the Illinois Criminal Code and creating an advisory body to conduct comprehensive analyses of state sentencing laws...
Uniform Law Commission passes important act concerning collateral consequences
Posted on August 26, 2009As detailed in this press release, earlier this summer the Uniform Law Commission finalized and approved the Uniform Collateral Consequences of Conviction Act. Here is some background and the basic details from the release: [This Act] addresses the consequences of...
Interesting debate over judge's questions to rape victim at sentencing
Posted on August 26, 2009Thanks to Scott at Grits for Breakfast, I have learned of an interesting debate over how a Texas state judge at sentencing questioned a rape victim. Here are some links to the story and reactions: From the Houston Chronicle here:...
Could smart prisoner release be a sound economic stimulus?
Posted on August 26, 2009The question of this post is prompted by this provocative new (and very timely) working paper recently appearing on SSRN. The piece is titled "Work Release as Economic Stimulus: Overview of Current and Potential Usage in the 50 States," and...
"Lawmakers more worried about safe seats than safe streets"
Posted on August 26, 2009The title of this post is the headline of this effective opinion piece in the Los Angeles Daily News that is effectively attacking the California legislature from making the hard choices that are required to reform the state's sentencing and...
Will (local?) killer in Vermont challenge his federal capital prosecution?
Posted on August 26, 2009I blog here yesterday about the decision by the Justice Department will to pursue federal death penalty charges against Michael Jacques, a Vermont sex offender accused of an awful rape/murder crime. This updated local story about the case provides some...
"Executed prisoners are main source of Chinese organ donations"
Posted on August 26, 2009The title of this post is the headline of this new piece from The Guardian. Here are the basic details: Two-thirds of organ donors in China are executed prisoners, state media reported today, as health officials launched a national donation...
Ohio Supreme Court rules on the scope of Apprendi's "prior conviction" exception
Posted on August 25, 2009In a unanimous ruling in Ohio v. Hunter, No. 2009-Ohio-4147 (Ohio Aug. 25, 2009) (available here), the Supreme Court of Ohio ruled today that the Sixth Amendment does not preclude a judge from basing a sentencing enhancement on relevant information...
"Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty "
Posted on August 25, 2009The title of this post is the headline of this new articleappearing on SSRN from Professor Adam Gershowitz. Here is the abstract: In almost every state that authorizes capital punishment, local county prosecutors are responsible for deciding when to seek...
Ninth Circuit uphold application of SORNA against various constitutional challenges
Posted on August 25, 2009Providing more proof that the Ninth Circuit is not as defendant-friendly as many think, a panel of the Ninth Circuit today quick rejects an array of arguments from a federal defendant convicted of failing to register as a sex offender...
Third Circuit finds probation sentence for child porn downloading unreasonable
Posted on August 25, 2009In yet another noteworthy child porn sentencing case, the Third Circuit today reverses a below guideline sentence as unreasonable in US v. Lychock, No. 06-3311 (3d Cir. Aug. 25, 2009) (available here). Here is how the opinion gets started: The...
Are the crooked Pennsylvania juve judges really going to go to trial?
Posted on August 25, 2009As detailed this post and this post, a federal judge recently rejected the plea deal secured by two former Pennsylvania county judges who had pleaded guilty to a kickback scheme involving sending juveniles to private detention facilities. Now, as reported...
Feds decide to seek death in local(?) killing in state without the death penalty
Posted on August 25, 2009This local story out of Vermont strikes me as especially notable because it suggests that the Obama Justice Department will be continuing the Bush Justice Department's willingness to pursue federal death penalty charges for awful crimes in states without the...
Can sex offenders be requires to provide all their on-line information to law enforcement?
Posted on August 25, 2009This local article from Georgia, headlined "Judge mulls law on sex offender online obligations," reports on notable constitutional litigation concerning post-offense restrictions on sex offenders. Here are details from the story: A federal judge on Tuesday began weighing arguments for...
Five years on probation for Chris Brown in high-profile domestic violence case
Posted on August 25, 2009As detailed in this LA Times update, singer Chris Brown was sentenced today for assaulting his former girlfriend. Here are the details: Pop singer Chris Brown was sentenced today to five years of probation and 180 days community labor ?...
AG Holder describes his "five principles" for combatting crime
Posted on August 24, 2009In this new speech delivered today as part of the a White House Conference on Gang Violence Prevention and Crime Control, Attorney General Eric Holder has a lot of interesting old and new things to say about his approach to...
An important new book on criminal registries: "Knowledge as Power"
Posted on August 24, 2009I am pleased to report the publication of this important new book by Professor Wayne Logan: "Knowledge as Power: Criminal Registration and Community Notification Laws in America." Here is a description of the book from the publisher: Societies have long...
"Commission asks: Is a crime worse if a child sees it?"
Posted on August 24, 2009The title of this post is the headline of this interesting local article from Virginia. Here are the details: If Matthew R. Nash is convicted of this summer's Virginia Beach carjacking, he could get additional prison time for the mere...
Intriguing NPR piece on compassionate release of Lockerbie bomber
Posted on August 24, 2009This afternoon's NPR program Talk of the Nation included this interesting half-hour segment titled "'Compassionate' Release For Lockerbie Bomber." Here is the official summary of the segment: The only man convicted of the 1988 bombing of a Pan Am flight...
Latest legislative twist suggests California won't have a sentencing commission anytime soon
Posted on August 24, 2009This blog post from the LA Times provides what seems to be the latest news out of the California legislature concerning proposed prison and sentencing reforms in that state. Here are the basics: Assembly Speaker Karen Bass has put off...
Notable local tales on the costs of seeking the punishment of death
Posted on August 23, 2009Two local stories today from two states with notable and dynamic track records with the death penalty provide a window into some of the economic realities that surround efforts to implement the ultimate punishment. First, consider this piece from the...
"Thousands languish in crowded jail"
Posted on August 23, 2009The title of this post is the headline of this effective article in today's Houston Chronicle. Here is how it starts: More than half of the 11,500 inmates crammed into the Harris County Jail have not yet been found guilty...
Interesting review of medical furloughs from Alabama's prisons
Posted on August 23, 2009This story from today's Montgomery Advertiser, which is headlined "It's tough for terminally ill inmates to receive medical furloughs in Alabama," provides an effective review of how one state is dealing with the challenging intersection of health care and prisons...
New Heritage Foundation report defending juve LWOP sentences
Posted on August 23, 2009I just learned of a timely new report released this past week by The Heritage Foundation on the topic of life sentences for certain juvenile offenders. The report, which is available at this link, is titled "Adult Times for Adult...
Some of the latest media coverage of California prison debates
Posted on August 22, 2009The debate over California's proposes prison and sentencing reforms are fascinating, and both national and local media are providing this on-going story the considerable coverage it merits. Here are some of the newest pieces I have noticed today: From CNN...
"Fumo disclosure on addictions could pay off"
Posted on August 22, 2009The title of this post is the headline of this local article discussing the possibility that a prominent defendant, who received a federal sentence already considered lenient, may be able to get another reduction based on a (little-discussed, but very...
Notable news (and posts) on drug war issues
Posted on August 22, 2009Thanks to TalkLeft and other sources, I see that there is a lot of interesting and significant "war on drugs" news of late. Specifically, check out all these recent posts of note from TalkLeft: "Marijuana is Safer" Debuts Aspen: Marijuana...
Seventh Circuit affirms stat max sentence in child porn case
Posted on August 21, 2009The Seventh Circuit finds reasonable a 20-year statutory maximum sentence in a child porn case today in US v. Nurek, No. 07-3568 (7th Cir. Aug. 21, 2009) (available here). Here is how the opinion starts: Joseph Nurek pleaded guilty to...
Attacking Dershowitz attack on Scalia's "Catholic Betrayal"
Posted on August 21, 2009As noted in this post, Alan Dershowitz in a commentary decided, in reponse to this week's Supreme Court Davis decision concerning the possible execution of an innocent defendant, to attack Justice Sclia's commitment to Catholicism. At Bench Memos, Ed Whelan...
Crooked state judges make plea to have their plea deals accepted
Posted on August 21, 2009As noted in this post, a federal judge recently rejected the plea deal secured by two former Pennsylvania county judges who had pleaded guilty to a kickback scheme involving sending juveniles to private detention facilities. Now, as detailed in this....
Debate and drama continues in California over prison and sentencing reform
Posted on August 21, 2009This article from the San Jose Mercury News, headlined "California prison plan stalls in Assembly; new plan to be considered Monday," provides the latest news on the state and fate of prison and sentencing reforms being considering in California. Here...
California prison and sentencing reforms getting closer to reality
Posted on August 20, 2009As detailed in this local article from California, "Democratic lawmakers and Republican Gov. Arnold Schwarzenegger are poised as soon as today to enact a package of far-reaching prison reforms that would allow some prisoners to serve the last 12 months...
Plaxico Burress cuts a plea deal requiring two-year prison term for his gun possession
Posted on August 20, 2009As detailed in this New York Daily News article, "Plaxico Burress took a surprise plea bargain Thursday that will land the talented but troubled wide receiver behind bars for two years." Here are more legal details and some notable reactions:...
Split Eighth Circuit discusses reasonableness review and cooperation discounts at length
Posted on August 20, 2009The entire Eighth Circuit today in long opinions discusses the relationship between reasonableness review and substantial assistance discounts in US v. Burns, No. 04-2901(8th Cir. Aug. 20, 2009) (available here). All followers of federal sentencing discretion and review will want...
"Priority Test: Health Care or Prisons?"
Posted on August 20, 2009The title of this post is the headline of this effective op-ed from the pen of Nicholas D. Kristof in today's New York Times. Here are excerpts: At a time when we Americans may abandon health care reform because it...
Possibility of California sentencing commission continues to generate controversy
Posted on August 20, 2009Those scholars who focus on sentencing issues disagree about plenty, but there tends to be consensus in the academic community that the creation of a sentencing commission can help a jurisdiction reform (or at least monitor) criminal justice law and....
Compassionate release for Lockerbie bomber spotlights different visions of justice
Posted on August 20, 2009As detailed in this New York Times article, headlined "Scotland Lets Lockerbie Bomber Return to Libya," a very high-profile terrorist is being shown compassion by Scotland: The Scottish government announced Thursday that it was freeing the only person convicted in...
"Fans talking like lawyers over Burress, Stallworth"
Posted on August 20, 2009The title of this article is the headline of this AP articlenoting that it is hard to avoid comparing the crimes and punishments of NFL players Plaxico Burress, Donte Stallworth and Michael Vick. Here is a snippet: Of the first...
Dershowitz says Davis opinion shows "Scalia's Catholic Betrayal"
Posted on August 19, 2009The title of this post notes the headline of this new piece at the Daily Beast from the pen of Alan Dershowitz. Though I find it a bit odd that a famous Jewish law professor would be lecturing a famous...
Yet another district judge formally adopts 1-to-1 crack/powder sentencing ratio
Posted on August 19, 2009As detailed in this effective local article, a federal judge in Pennsylvania has now "said 'sound policy reasons' ? including the new stance of the Justice Department ? led him to reject long-established guidelines for sentencing crack-cocaine defendants...
Oklahoma legislator pushing death penalty for repeat sex offender
Posted on August 19, 2009Though I read the 2008 Supreme Court decision in Kennedy as suggesting that the death penalty is always constitutionally disproportionate for non-murder personal crimes, it seems that some state legislators still view capital punishment for certain sex offenders as a...
Stressing the importance of sentencing explanations by district courts
Posted on August 19, 2009In a unpublished Sixth Circuit opinion today in US v. Herrod, No. 07-2197 (6th Cir. Aug. 19, 2009) (available here), Judge Clay writes an extended and effective concurrence stressing the importance of district judges explaining their sentencing rulings fully after...
Split Massachusetts high court strikes down retroactive GPS tracking for probationers
Posted on August 19, 2009As detailed in this Boston Globe story, in Massachusetts yesterday a "divided Supreme Judicial Court ruled yesterday that sex offenders convicted before 2006 cannot automatically be forced to wear GPS devices because it creates an unconstitutional burden on their freedom...
"Supreme Court's Davis Ruling Raises New Death-Penalty Questions"
Posted on August 18, 2009The title of this post is the headline of this very effectice piece on the Supreme Court's Davis decision from Time. The start and end of the piece capture a lot of the dynamic and challenging issues and questions that...
Supporting a plan that would involve "opening California cell doors"
Posted on August 18, 2009The Los Angeles Times this morning has this new op-ed that makes arguments in support of cutting California's prison population. The title and subtitle of this piece highlights its basic themes: " Opening California cell doors can free up needed...
"Sotomayor on losing end in Ohio man's death appeal"
Posted on August 18, 2009The title of this post is the headline of this AP article detailing what appears to be Justice Sotomayor's first notable vote in what appears to be the last legal hope for an Ohio death-row defendant. Here are the basics:...
What can and should we take away from the "trial" of Texas Judge Sharon Keller?
Posted on August 18, 2009I have not closely followed the controversy surrounding Texas Court of Criminal Appeals Judge Sharon Keller because I have never been confident that her actions on the day the Supreme Court granted cert in the Baze lethal injection case ?...
Another notable reversal of a high-profile, white-collar conviction
Posted on August 18, 2009Though only a little bit of a sentencing story, all white-collar crime folks should be interested in this news out of the Ninth Circuit (via this piece in The Recorder): The 9th U.S. Circuit Court of Appeals has thrown out...
Second Circuit panel advocates "more flexible approach" to tough guideline determinations
Posted on August 18, 2009In an intriguing and potentially very important little ruling today, a (two-judge) panel of the Second Circuit in US v. Dharfir, No. 05-5965 (2d Cir. Aug. 18, 2009) (available here), endorses and seems to urge district judges to adopt a...
A great new blog for resources on criminal informants, aka snitches
Posted on August 18, 2009CrimProf Alexandra Natapoff has done ground-breaking work on criminal informants in articles and a book, and I am pleased to learn that she has now brought her expertise to the webvia a new blog called Snitching Blog. An introductory post...
"Criminals 'could be spared jail if they are a parent'"
Posted on August 18, 2009The title of this post is the provocative headline of this provocative article coming from across the pond. Here are the details: Criminals could be spared jail if they are a parent, Scotland's new children's tsar said today. Children's Commissioner....
The re-leaunch of CrimProf blog
Posted on August 17, 2009I am pleased to be able to report on an exciting new development in the climinal law blogosphere. Here is the news (with links) from an e-mail I received today from Professor Kevin Cole: My CrimProf colleagues here at the...
How many justices decided death and innocence (and original habeas) are different in Davis?
Posted on August 17, 2009The law geek in me is having a hard time thinking about my upcoming classes because I am so taken by the Supreme Court's fascinating little ruling this morning (discussed here), which addresses the "original" habeas petition In re Troy...
"The Emerging Criminal War on Sex Offenders"
Posted on August 17, 2009The title of this post is the title of this new article on SSRN from Corey Rayburn Yung (who also runs the terrific blog Sex Crimes). Here is the abstract for Corey's new piece: This article addresses four central questions....
SCOTUS orders innocence hearing in Troy Davis case
Posted on August 17, 2009The Supreme Court is making some rare summer news this morning through a ruling in a high-profile capital case. Here are the basic details from this SCOTUSblog postby Lyle Denniston: The Supreme Court, over two Justices? dissents, on Monday ordered...
Are there any must-reads (beyond Heller) for my Second Amendment Seminar
Posted on August 16, 2009Regular readers know I am interested in the intersection of the Second Amendment and the criminal justice system in the wake of Heller. My interest is finding expression this coming fall semester ? which starts tomorrow(!) at The Ohio State...
Examining life sentences (and their connnection to death) in America's heartland
Posted on August 16, 2009Today's Des Moines Register has this interesting article, headlined "In Iowa prisons, life means life." Here are a few excerpts: Iowa is one of the most difficult states in the nation for an inmate serving a life sentence to gain...
"What Prevents the Application of the Thirteenth Amendment in Prison?"
Posted on August 16, 2009The question of this post is from the title of this new article by Raja Raghunath appearing on SSRN. The full title is "A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison?" and...
Is Illinois's new internet ban for sex offenders constitutional?
Posted on August 16, 2009As detailed in this Chicago Tribune report from last week, Illinois " Gov. Pat Quinn signed new laws Tuesday designed to limit sex offenders' use of technology as a way to find more victims" by making it "a felony for...
Backstory and reaction to denial of capital clemency in Ohio
Posted on August 15, 2009As detailed in this post, yesterday Ohio Governor Ted Strickland denied clemency for death row defendant Jason Getsy despite the state parole board's recommendation for mercy based in part on the fact that Getsy was the only one of multiple...
"Did The Economist Do Sex Crime Victims Justice?"
Posted on August 15, 2009The title of this post is the headline of this interesting commentary by Robin Sax at The Huffington Post, which is a response to the articles noted in this post from a recent issue of The Economist. Here is how...
Parole granted to Squeaky Fromme after serving 30+ years in prison
Posted on August 15, 2009This New York Times article provides the details on a high-profile parole granted to a notorious female offender: Lynette A. Fromme, the waifish acolyte of Charles Manson who tried to kill President Gerald R. Ford in September 1975, was released...
"Fake lawyer Kieffer sentenced to 51 months"
Posted on August 15, 2009The title of this post is the headline of this Denver Post article providing the sentencing news in a fraud case involving a defendant well known to lots of folks in the federal sentencing community. Here are the details: Howard...
New York Times op-ed urging "Getting Smart on Crime"
Posted on August 15, 2009Today's New York Times included this op-ed by Charles Blow titled "Getting Smart on Crime." Though the piece cover a lot of ground that should be familiar to regular readers of this blog, these excerpts (and the chart reprinted here)...
NPR coverage of medical marijuana in California
Posted on August 14, 2009Yesterday, NPR ran these two interesting segments discussing medical marijuana in California: Pot-Friendly California: Amsterdam In America? Pot Collective Sprouts In Retirement Community Here is how the first piece gets started: More than a dozen years ago, California became the...
Split Tenth Circuit panel overturns Second Amendment ruling for misdemeanant via mandamus
Posted on August 14, 2009Back in June, a federal district judge issued this brief opinion in US v. Engstrum, No. 2:08-CR-430 (D. Utah June 15, 2009), that ruled that the Second Amendment should allow someone being prosecuted for possessing a gun after having been...
Ohio governor rejects parole board recommendation of capital clemency
Posted on August 14, 2009As detailed in this new AP report, "Ohio Gov. Ted Strickland has denied clemency for the triggerman in a 1995 murder-for-hire scheme, overriding the state parole board's recommendation for mercy." As regular readers may recall from posts here and here,...
"Judges' Dissents for Death Row Inmates Are Rising"
Posted on August 14, 2009The title of this post is the headline of this front-page article in today's New York Times. Here is a snippet: In dozens of capital cases in recent years, appeals court judges, some of whom have ruled in favor of...
Eleventh Circuit to review en banc below-guideline sentence in "utterly gruesome" sex offense case
Posted on August 13, 2009As detailed in this post, in late March an Eleventh Circuit panel handed down a notable opinion in US v. Irey, No. 08-10997 (11th Cir. Mar 30, 2009) (available here), which affirmed a below-guideline sentence of 210 months for a...
NFL Commissioner "sentences" Donte Stallworth to a year without pay
Posted on August 13, 2009As detailed in this New York Times article, Donte Stallworth has now been "sentenced" again for killing a pedestrian while driving drunk. Here are the basics: The National Football League?s summer of malefactors took another turn Thursday, when Commissioner Roger...
Ninth Circuit rejects broad computer restriction in child porn sentence
Posted on August 13, 2009Providing a fitting and timely follow-up to this morning's WSJ article on these topics (discussed here), today the Ninth Circuit in US v. Riley, No. 08-50009 (9th Cir. Aug. 13, 2009) (available here), vacates a condition of supervised release that...
"Gulags in the sun"
Posted on August 13, 2009The title of this post is the headline given to this notable piece in The Economist discussing California's prison problems. Here are snippets: The overcrowding in California?s prisons, by far the worst in the country with only Georgia and Alabama...
"Courts Face Growing Battle Over Limits on Ex-Convicts"
Posted on August 13, 2009The title of this post is the headline of this effective article in today's Wall Street Journal. Here are some highlights: When felons are released from prison, what is the best way to give them back their freedom but make...
Virginia governor's race raising crime and punishment debates
Posted on August 13, 2009This new Washington Post article about the Virginia governor's race, which is headlined "McDonnell Proposes Drug Courts, Lifetime Sex Offender Tracking," suggests that the future is now for serious political discussion of certain alternatives to prison for dealing with crime...
Sixth Circuit splitting over challenges to Ohio's execution protocol
Posted on August 13, 2009Yesterday the Sixth Circuit issued this opinion in Getsy v. Strickland that affirms the dismissal of a death row inmate's challenge to Ohio's lethal injection protocol as time-barred. Here is part of the discussion from the opinion for the court,...
Notable new paper with interesting post-Booker data analysis
Posted on August 12, 2009This new paper on SSRN by Ryan Scott, which is titled "In Search of the Booker Revolution," presents new data and analysis on how one district is sentencing after Booker. Here is the abstract: In 2005, the Supreme Court in...
Timely reflections on sentencing retroactivity
Posted on August 11, 2009As Congress considers reducing crack sentences and state work on reducing their prison population, the retroactive application of new sentencing rules that reduce sentences is an especially important issue these days. Consequently, I was pleased to see this timely new...
The Economist assails US sex offender laws
Posted on August 11, 2009The August 6th issue of The Economist includes these two pieces concerning US sex offender laws and policies: Unjust and ineffective America's unjust sex laws As these headlines suggest, these articles are mostly critical and their main focus is sex....
Where the jobs (and future sentencing issues) can be found
Posted on August 11, 2009This new piece in The National Law Journal, which is headlined "DOJ Looks for 'Rock Star' to Run Top-Priority Fraud Cases," is a fascinating read for anyone interesting the future of the federal criminal justice system. Here are excerpts from...
NC Gov official signs new racial justice act concerning capital prosecutions
Posted on August 11, 2009The first sentence of this local article provides the big capital punishment news from North Carolina today: "North Carolina now allows challenges to the death penalty based on race." Here's more from the start of the new report: Gov. Bev...
"At least 23 states spend less on prisons"
Posted on August 11, 2009The title of this post is the headline of this effective new piece at Stateline.org. Here are a few excerpts that spotlight the continued impact of both lean budgets and political dynamics on the operation of modern criminal justice systems:...
DOJ not to appeal Tenth Circuit sentencing ruling in Nacchio case
Posted on August 11, 2009In posts here and here discussing the Tenth Circuit panel's important ruling that reversed the sentence imposed on former Qwest CEO Joe Nacchio following his conviction for insider trading, I suggested that the Justice Department might not even bother to...
Is SCOTUS partially to blame for rioting in a California prison?
Posted on August 10, 2009Just when it might seem things could not get any worse for California's over-crowded and politically dysfunction prison system, a massive riot breaks out. And, as this New York Times coverage of the riot reveals, it might be appropriate to...
"Judge sentences man to 6 months in jail for yawning"
Posted on August 10, 2009The title of this post is te headline of this article from the Chicago Tribune. Here are the basic details from the start of the artice: Clifton Williams arrived at the Will County Courthouse in Joliet and sat in the...
Public defender complaining about increased pace of Ohio executions
Posted on August 10, 2009This new item from the Cleveland Plain Dealer, which is titled "Executions are coming too fast, Ohio Public Defender Tim Young says," spotlights some of the complains and concerns emerging as Ohio becomes the north's Texas: The state of Ohio...
"Mentally Ill Offenders Strain Juvenile System"
Posted on August 10, 2009The title of this post is the headline of this article in this morning's New York Times, which provides still more evidence that crime and criminal offenders often are a reflection of public health problems. Here is a snippet: As...
Kentucky looking to reduce prison costs to avoid educational cuts
Posted on August 10, 2009Telling a story that I suspect is familiar in the majority of states, this local article from Kentucky, headlined "State looks at prison spending," highlights that state leaders are coming to see that surging prison costs risk drawing funds away...
Governor Kaine grants conditional pardon to three of the "Norfolk Four"
Posted on August 09, 2009This Washington Post article, headlined "3 of 'Norfolk 4' Conditionally Pardoned in Rape, Killing," provides the details on a notable state pardon grant issued in a high-profile case out of Virginia. Here is how the article starts: Three members of...
A crack-transition question from a public defender
Posted on August 09, 2009I received via e-mail this inquiry from a public defender, which I was authorized to put up on the blog: Given that H.R. 3245 is pending in the House and given that ? according to F.A.M.M. ? it will eliminate...
Detailing the extreme toughness of juvenile justice in Florida
Posted on August 09, 2009The constitutionality of the extreme toughness of juvenile justice in two paricular Florida cases will be before the Supreme Court in the Graham and Sullivan cases to be argued in the fall. In the meantime, this front-page article from the...
Reviewing the modern persistence of persistence of sentencing guidelines
Posted on August 09, 2009This new piece appearing on SSRN, which is titled "Guidelines as Guidelines: Lessons from the History of Sentencing Reform," ensured itself a mention on this blog by mentioning this blog in its abstract. But, as the abstract for this piece...
"Myths About High Times in America"
Posted on August 09, 2009The title of this post is the headline of this interesting piece in the Washington Post by Ryan Grim, who is also the author of "This Is Your Country On Drugs: The Secret History of Getting High in America." Here...
Trying the old "my cat downloaded the kiddie porn" defense
Posted on August 08, 2009A helpful reader alerted me to this amusing local news story, headlined "Treasure Coast man blames cat for downloaded child pornography," that allows me to do a little cat blogging along with the usual child porn coverage: Martin County Sheriff's...
"Free 40,000 California inmates? Not so fast."
Posted on August 08, 2009The title of this post is the headline of this new article in The Christian Science Monitor. Here are some excerpts from an effective piece: Is California about to open its prison gates, freeing more than 40,000 inmates? Earlier this...
President Obama nominates his first(?) non-judge to the circuit courts
Posted on August 07, 2009Thanks to this post at How Appealing, I see that President Obama has made two more nominations to the federal circuit courts. This official press release provides the basic details: President Obama today announced that he has nominated Jane Stranch...
"Judge urges Obama to cut coke dealer's sentence"
Posted on August 07, 2009The title of this post is the headline of this effective new piece by Josh Gerstein now up at Politico. Here is how it starts: A federal judge is calling attention to President Obama's uncertain stance on executive clemency by...
You be the judge: what sentence should mom get for drunken breastfeeding?
Posted on August 07, 2009Earlier this summer, I noted here the North Dakota story of a mother who pleaded guilty to child neglect after police found her ?extremely intoxicated? while breast-feeding her 6-week-old baby. As detailed in this new piece from the Grand Forks...
"Iran Executions Increase Since Election"
Posted on August 07, 2009The title of this post is the headline of this report from CBS News. Here are the details of how politics and punishment mix in Iran: An Iranian justice official has confirmed the execution of 24 convicted drug traffickers at...
Jefferson (advisory) jury calls for big forfeiture
Posted on August 07, 2009As detailed in this article, which is headlined "Jefferson faces financial hits at sentencing: Jury says he should forfeit shares, $470,653," former representative William Jefferson is already dealing with some tough sentencing realities in the wake of his bribery conviction...
Fourth Circuit rejects DC sniper's capital habeas appeal
Posted on August 07, 2009Proving that it need not take decades to move capital appeals through the court system, the Fourth Circuit this afternoon upheld the Virginia death sentence of John Allen Muhammad, the so-called DC sniper who randomly shot sixteen people and killed...
We now get to call her Justice Sotomayor
Posted on August 06, 2009This National Law Journal article provides the official SCOTUS transition news following this afternoon's vote by the US Senate: The Senate has confirmed Judge Sonia Sotomayor to the Supreme Court in a historic vote that will make her the nation's...
Jury sentencing system in Japan has lay citizens and judges working together
Posted on August 06, 2009I noted earlier this week that Japan was conducting its first criminal jury trial in decades and that its new jury system was to include sentencing responsibilities. This BBC News piece provides a fascinating report on the result of the...
Ninth Circuit affirms above-guideline child porn sentence over various objections
Posted on August 06, 2009The Ninth Circuit today affirms an above-guideline sentence today in US v. Vanderwerfhorst,, No. 07-30336 (9th Cir. Aug. 6, 2009) (available here). The substantive result here is not too surprising because the defendant, despite having a name with Fletch qualities,...
"Inmate Hides Gun In Fat Layers"
Posted on August 06, 2009The title of this post is the headline of this local news story from Texas. Here are the basics: A nearly 600-pound man was able to hide a weapon for more than a day while he was in custody, police...
NBA's crooked ref results in interesting restitution ruling from Second Circuit
Posted on August 06, 2009The Second Circuit today has an interesting ruling on restitution awards in US v. Battista, No. 08-3750 (2d Cir. Aug. 6, 2009) (available here). Here is how it starts: Defendant-Appellant James Battista appeals from a judgment of the United States...
NC Racial Justice Act going to governor's desk
Posted on August 06, 2009This local story, headlined "Racial Justice Act passes, now goes to Perdue," provides the latest news on a notable death penalty bill that may be on the verge of becoming law in North Carolina: The General Assembly has approved a...
Seventh Circuit goes into the woods and splits over career offender enhancement
Posted on August 06, 2009Despite the fact that the Supreme Court has issued a series of opinions recently concerning what prior offenses qualify for various criminal history enhancements under federal law, these issues remain a murky doctrinal mess. This reality is born out by...
Remarkable coda at end of First Circuit opinion affirming child porn sentence
Posted on August 06, 2009The First Circuit yesterday in US v. Stone, No. 08-1459 (1st Cir. Aug. 5, 2009) (available here), affirmed a long within-guideline sentence for a first offender in a child porn case. The opinion talks through a number of sentencing issues,...
Why Second Amendment supporters need to be helping out Plaxico Burress
Posted on August 05, 2009I just noticed this itemfrom a New York-based website carrying this title, "Gun control 101: Plaxico Burress going to prison should end 2nd amendment confusion." Here is a snippet: Burress going to jail should be the final proof to anyone...
"Citing Cuts, Public Defenders Refuse New Cases"
Posted on August 05, 2009The title of this post is the headline of this new article from San Francisco's legal newspaper, The Recorder. It provides yet another window into how tight budget times are impacting criminal justice systems and also how dysfunction the justice...
U Penn JCL symposium on Eighth Amendment litigation
Posted on August 05, 2009I just noticed that a terrific issue of the University of Pennsylvania Journal of Constitutional Law, which follows-up on its symposium on "Litigating Under the Eighth Amendment," is fully available on-line here. The pieces in the issue, all authored by...
"DOC May Have To Pay For Sex Offenders To Stay In Motels"
Posted on August 05, 2009The title of this post is the headline of this local story from Colorado that highlights the challenges facing sex offenders ? and facing those responsible for managing and monitoring sex offenders ? after release from prison. Here is how...
New NY Times editorial on felon disenfranchisement
Posted on August 05, 2009Responding in part to this recent split First Circuit ruling upholding Massachusetts decision to deny the vote to incarcerated prisonder, the New York Times today has this editorial headlined "A Loss for Voting Rights." Here are excerpts: Voting rights advocates...
California AG Jerry Brown assails federal panel ruling demanding prisoner release
Posted on August 05, 2009The Los Angeles Times has this new report on the reaction of California's tough-on-crime(?) attorney general to the ruling yesterday (discussed here) by a panel of federal judges that the California prison system must reduce its inmate population drastically within...
"Want to be a corporate criminal? Move to Canada"
Posted on August 05, 2009The title of this post is the headline of this sharp commentary from Canada's Globe and Mail paper in response to today's sentencing of two high-profile corporate fraudsters up north. Here are excerpts from the piece: Madam Justice Mary Lou...
Another former member of Congress now has to worry about the federal sentencing guidelines
Posted on August 05, 2009As detailed in this New York Times piece, another prominent politician who once only worried about what federal sentencing rules meant for others now has to worry a lot about what these rules might mean for him: Former Representative William...
The emerging jurisprudence over conditions of supervised release
Posted on August 04, 2009In addition to noting yesterday's Third Circuit child porn sentencing ruling (discussed here), this article in today's Legal Intelligencer spotlights the emerging jurisprudence over supervised release conditions. The piece is headlined "3rd Circuit Upholds 10-Year Internet Ban in Child Porn...
Speculating on the next Nacchio prosecution twist and turn
Posted on August 04, 2009As noted in this recent post, a unanimous Tenth Circuit panel late last week reversed the sentence imposed on former Qwest CEO Joe Nacchio following his conviction for insider trading. Though a lot more could (and surely will) be said...
A pair of timely reports on state correction costs
Posted on August 04, 2009I recently received this summary of two new reports on state correction costs via e-mail from the fine folks at the Pew Center on the States: With state budgets in dire straits and corrections expenditures consuming one in 15 state...
Federal judicial panel orders California to drastically cut prison population
Posted on August 04, 2009This New York Times piece provides the highlights of a major prison conditions ruling coming from California late today: A panel of federal judges ordered the California prison system on Tuesday to reduce its inmate population of 150,000 by 40,000...
"State Intentions and the Law of Punishment"
Posted on August 04, 2009The title of this post is the title of a newly posted piece on SSRN from Alice Ristoph. Here is the abstract: Forget dogs: do people distinguish between being stumbled over and being kicked? Assessments of intentions are considerably more...
Lots of interesting sex offender residency news and notes
Posted on August 04, 2009I happened to notice a lot of different and interesting local press stories about sex offender residency restrictions this afternoon. Here is a sample: From the Miami Herald here, "GOP's McCollum calls Florida sex offender limits too harsh" From Florida...
Smokin' Okun: tax scheme scammer gets 100 years in the federal slammer
Posted on August 04, 2009The feds can now add another triple-digit notch to its white-collar sentencing belt after today's sentencing of the Miami businessman Edward Okun. This Bloomberg report provides the basics: Edward Okun, the Miami businessman convicted of stealing from customers of his...
Third Circuit upholds stat max sentence and special restriction in child porn case
Posted on August 03, 2009The Third Circuit, which has issued a number of notable child porn rulings in recent times (see here and here), has another such ruling today in US v. Thielemann, No. 08-2335 (3d Cir. Aug. 3, 2009) (available here). Here is...
Judge Posner talks through some post-Kimbrough concerns for the Seventh Circuit
Posted on August 03, 2009The Seventh Circuit has this intriguing little opinion today which purports "to flag a growing problem created by the Booker decision, which in the name of the Sixth Amendment demoted the federal sentencing guidelines to advisory status." The ruling in...
What does Sarah Palin think about Heller's limits on Second Amendment right?
Posted on August 03, 2009According to this CNN item, Sarah Palin addressed a National Rifle Association dinner in Anchorage on Saturday and gave ?a stirring speech on 2nd Amendment rights.? Though I doubt former Gov. Palin gave lots of attention to the Second Amendment...
Kenya's leader commutes all death sentences
Posted on August 03, 2009This new AP article, headlined "Kenyan leader reduces all death sentences to life," details an intriguing international death penalty development: Kenya's president says all prisoners on death row will immediately have their sentences commuted to life imprisonment...
SCOTUS Ice ruling undercuts Ohio defendant's habeas claim
Posted on August 03, 2009The Sixth Circuit issued an intriguing little habeas ruling today in Evans v. Hudson, No. 08-3717 (6th Cir. Aug. 3, 2009) (available here). Here is how it starts: Respondent-Appellant Stuart Hudson (?Hudson?), the warden of Mansfield Correctional Institution, appeals the...
Japan's revival of jury trials to include jury sentencing
Posted on August 03, 2009Fans of Blakely and jury involvement in criminal justice administration should be interested in this international news report, which is headlined "Japan holds 1st criminal jury trial since WWII." In addition to discussing Japan's decision to start having jury trials,...
AG Holder continues to talk about being "smart on crime" (and other important stuff)
Posted on August 03, 2009Continue his stumping for new approaches to crime and punishment (see prior speeches noted here and here and here), Attorney General Eric Holder earlier today gave a keynote address to the ABA House of Delegates outlining the Department of Justice's....
Now that Plaxico Burress has been formally indicted for gun possession, will Second Amendment fans come to his defense?
Posted on August 03, 2009As detailed in this Bloomberg news piece and this official press release from the office of Manhattan District Attorney Robert Morgenthau, today former New York Giants receiver Plaxico Burress was indicted "on charges of possession of a loaded pistol and...
"The Real Murder Mystery? It?s the Low Crime Rate"
Posted on August 03, 2009The title of this post is the headline of this great article from the weekend's Week in Review in the New York Times. Here are just a few snippets from a great read: Maybe it is time to call in...
Does the death penalty process aggravate victim suffering?
Posted on August 02, 2009This new AP article, headlined "Death-penalty cases harder on survivors than life sentences," prompts the question in this title of this post. Here are snippets from the piece: As lawmakers weigh the future of the death penalty in some states,...
Madoff's prison consultant speaks out
Posted on August 02, 2009Herb Hoelter, the consultant who played a role in Bernie Madoff case (and runs the National Center on Institutions and Alternatives), has this new commentary in today's New York Daily News. Here is how it starts: Bernie Madoff's 150-year prison...
Latest FSR issue, "Fast-Track Sentencing," now available on-line
Posted on August 02, 2009I am pleased to report that the latest issue of the Federal Sentencing Reporteris available on-line, bearing the title "Fast-Track Sentencing." Through this Issue, thanks to the extraordinary efforts of guest editor Alison Siegler, FSR has now published a set...
Famed researchers write in support of NC Racial Justice Act
Posted on August 02, 2009Thanks to this post at DPIC, I see that renowned researchers David Baldus and George Woodworth have penned an op-ed supporting North Carolina's proposed Racial Justice Act. Here is how the piece starts: The various attacks on the proposed North...
Defending the prison cuts in the new California budget
Posted on August 01, 2009Writing in the Sacremento Bee, Michael Vitiello has this new commentary, headlined "Prison budget cuts, done well, do no harm," praising the prison reforms in California's recently hammered out budget. Here is how the commentary starts: Watching California's recent budget...
District judge rejects plea deal offered to crooked state judges
Posted on August 01, 2009As detailed in this New York Times article, " a federal judge rejected the plea agreement of two former Pennsylvania county judges who pleaded guilty in February to a kickback scheme that involved sending juveniles to private detention facilities." Here...
Hot debate over whether DOJ is going soft on porn
Posted on August 01, 2009At Politico, Josh Gerstein has this intriguing article, headlined "Porn prosecution fuels debate," which discusses a variety of issues concerning federal prosecution of obscenity crimes. Here is a snippet: Social conservatives railed against the Clinton Administration for not prosecuting adult...
"Why it?s time to end the war on drugs"
Posted on July 31, 2009The title of this post is the headline of this commentary by Matthew Engel from the Financial Times. Here is a snippet: For decades many academics and professionals have regarded the current blanket prohibition on recreational drugs (though not alcohol...
Tenth Circuit reverses Nacchio's sentence while thoughtfully discussing federal fraud sentencing
Posted on July 31, 2009Though a thoughtful ruling in a major case, the Tenth Circuit today has reversed the sentence imposed on former Qwest CEO Joe Nacchio following his conviction for insider trading. The unanimous panel opinion in US v. Nacchio, No. 07-1311 (10th...
Recommended reading on race and criminal justice after the "beer summit"
Posted on July 31, 2009In the wake of the so-called "beer summit" ? which probably has gotten so much attention because everyone is tired of thinking hard about hard issues like health care reform ? here is a piece from SSRN that everyone should...
China saying it will use death penalty less
Posted on July 31, 2009This AP article, headlined "China says death penalty to be used more sparingly," reports on a planned cut back on capital punishment from the world's leader in executions. Here are a few details: The highest court in China, which executes...
Heller's impact on felon-in-possession crimes finally starting to generate attention
Posted on July 30, 2009As regular readers know, I have been blogging about the possible impact of the Second Amendment on federal felon-in-possession crimes and sentencing since the Supreme Court first granted cert in Heller. Now, thanks to a terrific concurrence by Judge Tymkovich...
Should having multiple sclerosis be a viable defense to a local pot charge?
Posted on July 30, 2009The question of this post is inspired by this commentary piece, which is headlined "Judge forgets to bring conscience to work, denies MS patient proper defense," and complains about a legal ruling from a state court in New Jersey. Here...
"Legitimizing Local Variations in the Federal Sentencing System"
Posted on July 30, 2009The title of this post is the title of this effective new piece on SSRN. Here is the abstract: This Essay attempts to provide an all-things-considered approach to justifying local sentencing variations in the federal system. Instead of trying to...
"Mandatory Sentencing Guidelines by Any Other Name: When 'Indeterminate Structured Sentencing' Violates Blakely v. Washington"
Posted on July 30, 2009The title of this post is the title of this new article available via SSRN by Bradley Hall. Here is the abstract: While striking down Washington's mandatory sentencing guidelines scheme in Blakely v. Washington, the Supreme Court made clear that...
"Mentally ill struggle to meet sex registry regulations"
Posted on July 30, 2009The title of this post is the headline of this sad article from The Tennessean. Here is how it starts: Carlton Hunter consistently fails to register as a sex offender, and he has served nearly 500 days in jail over...
House bill to end crack/powder disparity continues moving forward
Posted on July 30, 2009This post at Jurist provides an effective review (with lots of links on the latest news on a bill to equalize federal sentences for crack and powder cocaine offenses. Here is the start of its report: "The US House Judiciary...
Some innovative approaches to sentencing drunk drivers
Posted on July 30, 2009At Grits for Breakfast, Scott Henson has this extended post on a new proposal being implemented in Harris County, Texas for dealing with drunk driving offenders. Here are the basics via Grits: "Bottom line, all first time DWI defendants will...
Reviewing how tough times are resulting in prison releases
Posted on July 29, 2009This new AP article, headlined "States target prisons for cuts, raising worries," provides a review of the many states being forced to make prison cuts in tough economic times. Here are snippets: Nine states are considering closing prisons or cutting...
"Neoliberal Penality: A Brief Genealogy"
Posted on July 29, 2009The title of this post is the title of this new piece from Bernard Harcourt available here via SSRN. Anyone thinking a lot (or even a little) about modern mass incarceration ought to be reading all of Professor Harcourt's work,...
"The Fiscal Crisis in Corrections: Rethinking Policies and Practices"
Posted on July 29, 2009The title of this post is the title of an important new report from the Vera Institute of Justice, which is available at this link. Here is Vera's description of its efforts: States across the United States are facing the...
Split DC Circuit says federal judges cannot increase a prison sentence for rehabilitative reasons
Posted on July 29, 2009As detailed in this post from The BLT, the DC Circuit ruled yesterday that federal district judges "cannot use a greater likelihood of rehabilitation to justify a longer prison sentence for a criminal defendant." The ruling comes is In re:...
Justice news of notes from The BLT
Posted on July 29, 2009The Blog of Legal Times (aka The BLT) has lots and lots of recent posts of note (many of which should be of special interest for criminal justice fans): D.C. Circuit Bars Longer Sentences to Rehabilitate Prisoners 11th Circuit Nominee...
Japan continues its recent stepped-up pace for executions
Posted on July 28, 2009As detailed in this news report, which is headlined "Japan executes three for multiple murders," the one other major industrial nation with the death penalty has been stepping up its pace of executions in recent years. Here are details from...
"Court rejects state banishment of sex offender"
Posted on July 28, 2009The title of this post is the headline of this local article reporting on a state intermediate appellate court ruling out of Mississippi. Here are the particulars: The state Court of Appeals has thrown out a lower court order that...
Two more death sentences "completed" in California
Posted on July 28, 2009Though executions in California have been on hold for more than three years, this local story spotlights that some of the nearly 700 condemned persons on the state's death row are still dying. The story is headlined "Natural Causes Kill...
Resentencing in terror case results in life sentence
Posted on July 28, 2009As detailed in this Washington Post article, a controversial terrorism prosecution has resulted in a life sentence following a resentencing required by a Fourth Circuit ruling that found an initial sentence of 30-years to be unreasonably lenient. Here are the...
New York Times editorial on "12 and in Prison"
Posted on July 28, 2009Today's New York Times has this notable editorial about young kids in adult criminal justice systems. Here are some excerpts: The Supreme Court sent an important message when it ruled in Roper v. Simmons in 2005 that children under the...
Ohio Supreme Court blesses retoractive application of its response to Blakely
Posted on July 28, 2009As detailed this official summary, the "Ohio Supreme Court on Tuesday upheld the constitutionality of a criminal sentencing decision it made in 2006, rebuffing the claims of a defendant who argued the ruling violated his rights to a jury trial...
Texas to establish its first capital defender office
Posted on July 28, 2009As detailed in this Houston Chronicle article, which is headlined "State to handle capital appeals," Texas is reforming its process of capital defense. Here are more details: Texas, which executes more convicts than any other state in the nation, will...
"Prison consultants help inmates get good digs"
Posted on July 28, 2009The title of this post is the headline of this article about "a type of prison consultant increasingly popular among white-collar wrongdoers." Here's more from an interesting piece: From Martha Stewart to Michael Vick, prison consultants are often hired by...
Some of the amici briefs in support of the defendants in Graham and Sullivan,
Posted on July 28, 2009I am still working through the top-side merits briefs in Graham and Sullivan (discussed here), which are the two SCOTUS juve LWOP cases that present fascinating Eighth Amendment question. I hope to be able to find time in the weeks...
"[T]he felon dispossession dictum may lack the 'longstanding' historical basis that Heller ascribes to it"
Posted on July 28, 2009The title of this post is a line from a concurrence by Judge Tymkovich about Heller and the 922(g)(1) felon-in-possession law in US v. McCane, No. 08-6325 (10th Cir. July 28, 2009) (available here). In his concurrence to an opinion...
Federal felon Michael Vick allowed to return to work in NFL
Posted on July 27, 2009Though it is pehaps too soon to call this latest news from the NFL evidence of a successful prisoner reentry, it is notable (and I think appropriate) that Michael Vick will be able to try to play professional football again...
"'Crack tax' shot down: Supreme Court rules case violates state constitution"
Posted on July 27, 2009The title of this post is the headline of this local article reporting on a notable split ruling from the Tennessee Supreme Court. Here are the details: Ruling in a case that originated in Knox County, the state Supreme Court...
"Rethinking the Federal Role in State Criminal Justice"
Posted on July 27, 2009The title of this post is the title of this Essay from Professors Joe Hoffmann and Nancy King that was recently published in the NYU Law Review. I blogged about this piece when it first showed up on SSRN, but...
Sixth Circuit rules ? in an unpublished decision! ? that reduced child-porn sentencing is substantively unreasonable
Posted on July 27, 2009A Sixth Circuit panel issued an important and potentially controversial decision today in a child porn case, though the ruling in US v. Harris, No. 07-4175 (6th Cir. July, 27, 2009) (available here), was handed down as an unpublished opinion....
Around the blogosphere
Posted on July 27, 2009Here are a few of the posts of note from around the blogosphere that should be of interest to criminal justice fans: From Balkinization here, "Neoliberal Penality in Action" and here, "1 out of 5 Prisoners in California Is Serving...
Potent op-ed notes what is missing from the Gates-gate debate
Posted on July 26, 2009Writing in today's New York Times, Glenn Loury has this potent op-ed putting the brouhaha surrounding the Gates incident in a broader context. Here are excerpts: [T]his much-publicized incident is emblematic of precisely nothing at all. Rather, the Gates arrest...
Noting the realities of federal sentencing after Booker in corruption cases
Posted on July 26, 2009This new article in the Philadelphia Inquirer, which is headlined "Federal judges freed from sentencing rules," spotlights how the discretionary federal sentencing regime created by Booker has been playing out in corruption cases. Here is how it starts: Both were...
The controversial intersection of criminal justice practice and immigration policy
Posted on July 26, 2009This New York Times article, which is headlined "Debate Intensifies Over Federal Deportation Policy," spotlights the array of controversial and interesting issues that arise when criminal justice practice and immigration policy intersect. Here is how the article starts: The Obama...
Washington Post editorial on "Concaine Justice"
Posted on July 26, 2009Today's Washington Post includes this editorial on federal crack/powder concaine sentencing reform. Here are snippets: This year marks the 25th anniversary of legislation that created mandatory minimum sentences and established a 100-to-1 sentencing disparity between crack and powder cocaine...
Noticing the functional death of the death penalty in Pennsylvania
Posted on July 25, 2009This local article, headlined "Natural causes biggest threat on Pa. death row," spotlights the reality the the death penalty now essentially exists only in theory and not in practice in Pennsylvania. Here are some of the details: In the [last]...
Prison reforms and cuts left uncertain in final California budget deal
Posted on July 25, 2009Though the details seem murky, it appeals from this local article that California's budget deal, which was finalized late Friday, included some unspecified prison reforms and cuts. Here are the opaque details: Of the $25 billion in budget "solutions," $15...
"U.S. adds to sex offender registry confusion"
Posted on July 25, 2009The title of this post is the headline of this effective new piece from the St. Louis Post-Dispatch. Here are excerpts: Three rounds of legal battles in the Missouri Supreme Court still have not cleared confusion looming over the state's...
"Momentum Builds to Equalize Cocaine Penalties"
Posted on July 24, 2009The title of this post is the headline of this article in today's Washington Post. Here is how it starts: After two decades of criticism over cocaine sentences that disproportionately punish blacks, momentum is building in Congress and in the...
Should we use this forum to discuss the Gates incident and Prez Obama's response
Posted on July 24, 2009I fear what might happen if we open up this forum to a general discussion of the arrest of Harvard prof Henry Louis Gates and President Obama's discussion of the event at his Wednesday press conference. And, of course, none...
Drunk driver given the death penalty in China
Posted on July 24, 2009My students get tired of hearing me say that if America was really committed to the deterrence theory of the death penalty, some states would consider the sentence of death for drunk driving. But, as this news report highlights, the...
"The Prosecutor as Regulatory Agency"
Posted on July 24, 2009The title of this post is the title of this new piece by Professor Rachel Barkow that is available here via SSRN. Here is the abstract: The simple account of America?s system of separated powers has legislators responsible for making...
Lots of effective coverage of new lifer report from The Sentencing Project
Posted on July 23, 2009I am pleased to see that the important new report released by The Sentencing Project yesterday, No Exit: The Expanding Use of Life Sentences in America, is garnering significant attention from both the national media and local outlets. Here is...
Big political corruption busts in New Jersey . . . thanks to a cooperator
Posted on July 23, 2009The Wall Street Journal provides this extended account, which is headlined "Dozens Arrested in New Jersey Corruption Probe," of a huge political corruption story breaking today in New Jersey. Here is how the piece starts: Federal agents swept into New...
"'Bishop' receives two-year sentence for making kids live with corpse"
Posted on July 23, 2009The title of this post is headline of this local article from Wisconsin that seems tailor made for blog debate. Here are the details: A former Necedah church leader will spend the next two years in prison for keeping a...
Another big federal fraud sentencing dealing with Madoff echoes
Posted on July 23, 2009This local story out of Virginia, which is headlined "Okun?s lawyers say life sentence not warranted," provide another example of the echo effect of Bernie Madoff's severe fraud sentence. Here are the details: Authorities want a 400-year sentence for Edward...
President Obama makes first appointment to US Sentencing Commission
Posted on July 23, 2009As this official press release from the White House, President Obama has made his first nomination to U.S. Sentencing Commission. Here are all the details from the press release: President Obama today nominated Ketanji Brown Jackson to be a member...
Potent new report on life sentences from The Sentencing Project
Posted on July 22, 2009I just received this e-mail telling me about an important new report just released by The Sentencing Project: A new report released by The Sentencing Project finds a record 140,610 individuals are now serving life sentences in state and federal...
Debate heating up over recommended capital clemency in Ohio
Posted on July 22, 2009As detailed in this local article, which is headlined "Getsy juror outraged: Upset by parole board decision," there is a brewing debate in Ohio over the state parole board's recommendation of clemency for a killer scheduled to be executed in...
Should President Obama practice ageism when making judicial nominations?
Posted on July 22, 2009Thanks to How Appealing, I noticed this recent essay at The New Republic, headlined "Old World: Why isn't Obama appointing young judges to the circuit courts?". Here are snippets: Attention was understandably focused on Sonia Sotomayor this week, as her...
Economic necessity finally forcing long-needed reform in California
Posted on July 22, 2009As detailed in this Los Angeles Times article, which is headlined "Opposition to state budget deal mounts," the budget deal worked out in California to deal with a huge deficit includes huge cuts to the prison population. Here are the...
House subcomittee takes first step to eliminate crack/powder federal sentencing disparity
Posted on July 22, 2009Thanks to this post from TalkLeft and this press release from FAMM, I see that there has finally been some real, actual, tangible legislative movement on eliminating crack/powder federal sentencing disparity. Here are details from the FAMM press release: Buoyed...
Still more potent talk from AG Holder about federal sentencing reform
Posted on July 22, 2009Earlier today, Attorney General Eric Holder delivered these remarks at the National Black Prosecutors Association?s Profiles in Courage Luncheon. Here are portions of his remarks focused on how he handled the botched prosecution of former Senator Ted Stevens and also...
"State police chiefs' association backs prison plan in budget"
Posted on July 22, 2009The title of this post is the headline of this new Los Angeles Times article discussing the latest debates over the prison reform provisions in the new California budget plan. Here is how the piece starts: A day after Republican...
US Sentencing Commission's "Overview of Statutory Mandatory Minimum Sentencing"
Posted on July 21, 2009As previously noted here, the House Judiciary's Subcommittee on Crime, Terrorism, and Homeland Security last week held a hearing on "Mandatory Minimums and Unintended Consequences." Now I just discovered that the US Sentencing Commission's website has posted this new lengthy...
"'Gambling Granny' sentenced to 14 months of house arrest"
Posted on July 21, 2009The title of this post is the headline of this local article out of Florida. Here are the details: A Broward County judge this morning sentenced a grandmother to 14 months of house arrest for leaving her two grandchildren unattended...
Ohio ? aka the northern Texas ? executes again
Posted on July 21, 2009As detailed in this AP article, Ohio executed another multiple murderer this morning. This was Ohio's third execution in 2009 and its twenty-third execution since 2004. With respect to the death penalty, I think it is fair and appropriate to...
Sixth Circuit amends its federal guidelines masturbation jurisprudence
Posted on July 21, 2009In this prior post from a few months ago, I noted that the Sixth Circuit had to resolve a guideline question that forced it to break new ground in federal guidelines masturbation jurisprudence. But today brings a new amended Sixth...
"A Parable of Politicized Prosecution"
Posted on July 21, 2009The title of this post is the headline of this Washington Post column by Jon Entine, who is the author of the new book, "No Crime But Prejudice: Fischer Homes, the Immigration Fiasco, and Extra-Judicial Prosecution" (which was noted in...
Top-side briefs in Graham and Sullivan, the two SCOTUS juve LWOP cases
Posted on July 21, 2009Thanks to the folks at the ABA who collect Supreme Court briefs here, we can all now read the top-side merits briefs filed late last week in the two juve LWOP cases, Graham and Sullivan, to be heard next term...
Good (and surprising) news about crime rates
Posted on July 20, 2009This new piece from the Washington Post, which is headlined "Major Cities' Plummeting Crime Rates Mystifying," provides both good news on crime rates and a new reason to wonder if anyone can assess with any confidence what makes crime rates...
Seventh Circuit blesses considering defendant's cooperation without a 5K motion from the government
Posted on July 20, 2009Tucked in the back of a long panel opinion dealing with various sentencing issues is a notable statement about a district judge's post-Booker discretion that, I believe, formally breaks some new ground for the Seventh Circuit. Near the end of...
"Texas reporter's seen unrivaled number of U.S. executions"
Posted on July 20, 2009The title of this post is the headline of this story now being featured at CNN.com. I am not quite sure why CNN now thinks it is newsworthy to note who has been a witness to the most executions, but...
Michael Vick now a free man (subject to three years on supervised release)
Posted on July 20, 2009This AP article, headlined "Ex-NFL star Vick released from federal custody," provides this update on the legal status of football's most famous federal felon: Vick's attorney Lawrence Woodward told The Associated Press outside Vick's suburban Virginia home that the former...
Should very young sex offenders be placed on a registry?
Posted on July 20, 2009These two notable pieces from yesterday's Dallas Morning News prompts the question in the title of this post: Justice experts say sex offender registry ruins a juvenile's 2nd chance Sex-offender label on boys unravels family's lives Here is how the...
"Appellate Review of Sentencing Policy Decisions after Kimbrough"
Posted on July 19, 2009The title of this post is the title of this new piece on SSRN by Carissa Byrne Hessick. Here is the abstract: In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States v....
"Sex-offender costs to skyrocket"
Posted on July 19, 2009The title of this post is the headline of this lengthy and effective piece in today's Des Moines Register. The piece spotlights how legislators seem willing, even in tough economic times, to "spare no expense" when it comes to regulating...
Continued buzzing about the (soft?) sentence given to Fumo
Posted on July 19, 2009Especially in Pennsylvania's papers, there continues to be plenty of discussion of the 55-month prison sentence imposed on state lawmaker Vincent Fumo for his convictions on various corruption charges. Here are two stories that caught my eye and provide notable...
Continuing the acquitted conduct debate and urging SCOTUS engagement
Posted on July 18, 2009This recent post noting Judge Bright separate opinion reiterating forcefully his view that acquitted conduct sentencing enhancements are unconstitutional has generated a dynamic debate in the comments about both the law and policy of a judicial decision to increase a...
One more take on Sotomayer and the status of the Second Amendment
Posted on July 18, 2009Today's edition of the Wall Street Journal includes this editorial headlined "Second Amendment Confidential: Sotomayor takes the Fifth on gun rights." Here are excerpts: Now making their way to the Court are cases about whether the right to bear arms...
Comparing white-collar apples and drug dealing oranges at sentencing
Posted on July 17, 2009This local article, headlined "Lawyers question Fumo's sentence: The former state senator appears to have gotten off easy for misusing $2.4 million in taxpayers' money, defense attorneys and prosecutors say," highlights the challenges of making sentencing comparison between different types...
"Feds seek to appeal 'unreasonable' Fumo sentence"
Posted on July 17, 2009The title of this piece is the headline of this new article suggesting that the story concerning the a recent high-profile white-collar sentencing is not quite over: Federal prosecutors stung by this week's 55-month sentence for a long-powerful Pennsylvania lawmaker...
Judge Bright urges SCOTUS attention to acquitted conduct enhancement
Posted on July 17, 2009In US v. Papakee, No. 08-2032 (8th Cir. July 17, 2009) (available here), Judge Bright writes separately to a panel opinion affirming a long sentence in a sex offense case in otder to reiterate forcefully his view that acquitted conduct...
Potent response to DOJ account of federal child porn sentencing
Posted on July 17, 2009I noted last week in this post that the Department of Justice had produced this extended response to this ABA Journal articleon the debate over federal child porn sentencing. One target of the DOJ response was Federal Public Defender Troy...
Another significant downward variance in federal child porn sentencing
Posted on July 17, 2009This local story from DC, headlined "Former NPR editor gets no prison time in child porn case," reports on yet another notable federal child porn sentencing oucome. Here are the basics: The former NPR science editor who pleaded guilty to...
Ohio board recommends clemency in capital case based on co-defendant disparity
Posted on July 17, 2009In the federal sentencing system, defendants often point to lesser sentences given to co-defendants in order to argue for lower sentences themselves. As detailed in this local state capital sentencing story, the concept of co-defendant disparity this week prompted the...
Long sentence (including big upward variance) for failure to register
Posted on July 16, 2009This local story from New York, which is headlined "Sex offender gets 5½ years for failing to register," reports on the longest federal sentence I have seen for the relatively new crime of failing to register. As the story details,...
A couple new federal sentences making Madoff's sentence seem short
Posted on July 16, 2009There was a lot of talk after Bernie Madoff was given a sentence of 150 years in prison about whether this huge number was silly and pernicious because there was no way Madoff could live long enough to serve even...
Is it already time to start assembling another SCOTUS short list?
Posted on July 16, 2009This new New York Times article, perhaps reflecting the boring realities of the on-going confirmation hearings for Judge Sotomayor, is already looking ahead to the next SCOTUS nomination battle: "As the two parties skirmish over the Supreme Court nomination of...
It's a bird! It's a plane! ... No it's Sotomayor!!!
Posted on July 16, 2009The title of this post is inspired by the headline of this new commentary at CNN, "Sotomayor the crime fighter." The commentary is by Anthony S. Barkow, the executive director of the Center on the Administration of Criminal Law at...
"Sins and Admission: Getting Into the Top Prisons"
Posted on July 16, 2009The title of this posts is the headline of this intriguing little article from today's Wall Street Journal. Here is how it starts: The federal judge overseeing the trial of Bernard Madoff said he would recommend the man who pulled...
"Should Parents Who Offend Receive Sentencing Discounts?"
Posted on July 15, 2009The title of this post is the question posed at the start of this guest post at the NY Times' Freakonomic blog. Here is the introduction to the guest post (links and all), and the start of its substance: We...
Creative sentencing term for blogger who leaked GNR creativity
Posted on July 15, 2009This Wired story, headlined "Guns N? Roses Uploader Gets House Arrest, Will Make Anti-Piracy Ad," notes the creative sentencing term imposed in a case about who gets access to creativity: A Los Angeles man who pleaded guilty to a misdemeanor...
The "appearance of partiality" or just a true Reaganite concerned about federal overreaching and costs to taxpayers?
Posted on July 15, 2009I just got a chance to read closely this mandamus ruling issued late last week by the Seventh Circuit in which a panel granted the federal prosecutor's motion to have a district judge disqualified because, according to the Seventh Circuit,...
"Sex Offender Begs For More Jail Time"
Posted on July 15, 2009The title of this post is the headline of this new piece from ABC News that discusses sex offender residency restrictions and other challenges that sex offenders now face as they seek a return to society. Here is how the...
Robust legislative debate over NC Racial Justice Act
Posted on July 15, 2009As detailed in this local article, which is headined "Death penalty bill provokes a battle: Measure moves in fractious House," legislators in North Carolina are engaged in a robust debate over a bill seeking to prevent racial bias from infecting...
Former NFL back Travis Henry gets 3 years in federal prison for drug dealing
Posted on July 15, 2009From the sport desk comes this afternoon sentencing story from the federal courts in Montana: A federal judge Wednesday sentenced former NFL player Travis Henry to three years in prison for financing a drug ring that moved cocaine between Colorado...
Has anything interesting happened during the Sotomayor hearings?
Posted on July 15, 2009Though I have read snippets of some Q&A with Judge Sotomayor that mentioned gun rights and the death penalty, I am finding the entire spectacle of this week's confirmation hearings both boring and off-putting. Am I missing something, or was...
"Marijuana Nation: The New War Over Weed"
Posted on July 15, 2009The title of this post is the name given to this new CBSNews.com "special report on the evolving debate over marijuana legalization in the United States." Here are the titles and links to some of the new pieces in the...
Timely topics as time for NASC Annual Conference approaches
Posted on July 15, 2009I am pleased to be able to again highlight this year's National Association of Sentencing Commissions annual conference, which is held August 2-4, 2009 in Baltimore, Maryland. As I have noted before, though this year's conference is titled "15 Years....
Can concerns for dollars and cents finally bring sense to federal mandatory minimum sentencing statutes?
Posted on July 14, 2009As previously previewed here, the House Judiciary's Subcommittee on Crime, Terrorism, and Homeland Security this morning held a hearing this morning on "Mandatory Minimums and Unintended Consequences." I cannot yet find any press reports on the hearing, but all of...
Big break given to prominent former judge/prosecutor for back-end cooperation
Posted on July 14, 2009A helpful reader alerted me to this local story of a notable white-collar defendant getting a huge back-end sentencing break for cooperation. Here are the details: Sam Currin, a former judge, federal prosecutor and state Republican Party chairman, was ordered...
Intriguing Sixth Circuit ruling on victim access to PSR
Posted on July 14, 2009A little opinion from the Sixth Circuit yesterday In re Siler, No. 08-5215 (6th Cir. July 13, 2009) (available here), should be reviewed by any and everyone interested in victims' right to access presentencing reports and/or in defendants' rights to....
SCOTUS grants stay in Virginia capital case raising intriguing double jeopardy claim
Posted on July 14, 2009I noted here last week the notable case of Powell v. Kelly, a capital case from Virigina raising a notable double jeopary claim. This Washington Examiner article reports on the latest development in the case: The U.S. Supreme Court halted...
More notable sentencing reform talk from Attorney General Holder
Posted on July 14, 2009Yesterday, Attorney General Eric Holder gave this talk at the NAACP?s Centennial Convention. Here are the sections that speak to sentencing issues: [W]e must keep working to build a more effective, more efficient, more equitable system of criminal justice...
State senator Fumo gets below-guideline sentence of 55-months imprisonment on corruption charges
Posted on July 14, 2009I got this great graphic here and the breaking news concerning the federal sentencing outcomes from state senator Vince Fumo thanks to live-blogging here from folks in Philly. After what appears to have been a full-day sentencing hearing, Fumo should...
Might Judge Sotomayor think the Second Amendment "deserves to be on equal footing with the First Amendment" for ex-cons?
Posted on July 14, 2009The question in title of this post is drawn from a line from this commentary at FOXNews authored by Ken Blackwell and Ken Klukowski, which carries the headline "Sotomayor, Civil Rights and Guns." The piece is focused principally on whether...
"States Seek Less Costly Substitutes For Prison"
Posted on July 13, 2009The title of this post is the headline of this article from today's Washington Post. Here is how the piece gets started: Cash-strapped states are increasingly turning to alternative sentencing methods and to streamlined probation and parole as a way....
Eighth Circuit en banc ruling finally affirms big variance after Gall GVR
Posted on July 13, 2009The Eighth Circuit today handed down an important en banc ruling today in US v. Feemster, No. 06-2059 (8th Cir. July 13, 2009) (avaialable here). Here is the unofficial summary of the ruling from the circuit's website: Judge Smith, Author...
Should we expect (or hope) any Sotomayor surprises this week?
Posted on July 13, 2009As detailed in this latest Washington Post piece, everyone inside the Beltawy is "geared up this morning for a historic Supreme Court confirmation battle as Sonia Sotomayor prepared to take her seat in front of the 19 members of the...
Whither the Webb reform bill ... does it weather or wither?
Posted on July 13, 2009I just discovered this long piece from last week's Washington Post discussing Senator Jim Webb and his on-going efforts to engineer some effective criminal justice reforms. The piece is headlined "Structuring Sentences: Jim Webb Puts His Writerly Skills to Work...
A week worth watching from a white-collar sentencing perspective
Posted on July 13, 2009Late monday afternoon is the scheduled federal sentencing of lawyer Marc Dreier in New York City, who might be viewed as a kind of mini-Madoff. As detailed in prior posts here and here, there are lots of interesting elements to...
"America's Jail Crisis"
Posted on July 13, 2009The title of this post is the headline of this effective new piece in Forbes. Here are excerpts: Amid budget crises, falling tax revenue and national unemployment approaching 10%, jails ? usually city- or county-run holding facilities for those serving...
Dreier gets 20 year federal prison sentence
Posted on July 13, 2009As detailed in this Bloomberg article, "Marc Dreier, the New York law firm- founder, was sentenced to 20 years in prison for defrauding hedge funds of more than $400 million and stealing money from his clients." Here are more details...
"The Unexceptionalism of Evolving Standards"
Posted on July 13, 2009The title of this post is the title of this new article from Professor Corinna Lain. It looks like an interesting and important and timely piece with the SCOTUS confirmation hearing now on-going and the big SCOTUS juve LWOP cases...
House hearing on "Mandatory Minimums and Unintended Consequences"
Posted on July 12, 2009Though nearly all eyes this week will be on the Senate Judiciary Committee as the confirmation hearings for Judge Sotomayor get started, sentencing fans should be sure to take note of a hearing scheduled for Tuesday in the House. Specifically,...
A few confirmation questions for criminal justice fans from Senator Cornyn
Posted on July 12, 2009As explained here, in the run up to Judge Sotomayor's confirmation hearing, Texas Senator John Cornyn for the last few weeks has been posting questions about Judge Sotomayor's record and her views on the law and the Constitution The full...
Noticing some gendered realities of death penalty administration
Posted on July 12, 2009This local article from Alabama, headlined " Death row-worthy crimes largely committed by men," spotlights a couple of issues about death penalty administration that I always find notable. Here are snippets: If a Franklin County judge overrides a jury's recommendation...
Constitutional rejection of severe mandatory minimum sentence getting attention for circuit nominee
Posted on July 12, 2009This effective new article in today's Atlanta Journal-Constitution , which is headlined "Appeals nominee set sentence rule aside," reviews a notable ruling in a federal sex offense case by one of President Obama's latest circuit court nominees. Here are a...
"Prolonged Solitary Confinement and the Constitution"
Posted on July 11, 2009The title of this post is te title of this new piece by Jules Lobel now available via SSRN. Here is the abstract: This Article will address whether the increasing practice of prolonged or permanent solitary confinement constitutes cruel and...
Execution chambers starting to heat up for the dog days of summer
Posted on July 11, 2009The nation's execution chambers were pretty quiet through the month of June: after a single execution in Ohio and another in Texas at the very start of the month, there was only one more execution (in Alabama) before the calender...
Is real fundamental, structural change on the horizon for the federal sentencing system?
Posted on July 10, 2009As detailed in this report about the US Sentencing Commission regional hearing in New York this week, a number of federal judges are urging the USSC to work on big, structural sentencing reform. In the words of Judge Dearie: "It...
"21-month sentence for man who beat fellow golfer with 6-iron"
Posted on July 10, 2009The title of this post is the headline from this local sentencing story that seems to provide a great setting for a little friday frivolity. First, here are the basics: A Puyallup man who assaulted a fellow golfer with a...
Legal challenge to Washington's lethal injection methods turned away
Posted on July 10, 2009This new AP story, headlined "Judge affirms Wash. lethal injection method," provides details on another failed challenge to a state execution protocol. Here are th basics: A judge has affirmed Washington state's procedures for executing prisoners by lethal injection, turning...
Important and heartening new speech from AG Eric Holder
Posted on July 10, 2009Attorney General Eric Holder delivered this speech at the Vera Institute of Justice last night. There are too many notable sections of this long speech to cover here, so I will just call the whole speech a must-read. Here is...
Of note and interest around the blogosphere
Posted on July 10, 2009As is often the case, a quick tour of the blogosphere reveals lots of interesting and notable reading from some of my favorite blogs: From Crime & Consequences here, "Sex Offender Assessment Tool Held Inadmissible" From Grits for Breakfast here,...
Effective and fascinating report on USSC regional hearing in NYC
Posted on July 10, 2009I was pleased to see this report from Bloomberg news, headlined "Judges Call on U.S. to Simplify Sentencing Guidelines," covering yesterday's first day of the US Sentencing Commission's regional hearing in New York City. Here are extended excerpts from an...
"Prosecutors Resort to Wealth Porn in Dreier Case"
Posted on July 10, 2009The title of this post is the title of this entry at the WSJ Law Blog discussing the latest filings from the parties in the upcoming sentencing of Marc Dreier (basics here). Here is the setting which a grand new...
The audacity of having hope and dreams inside the Supermax walls
Posted on July 10, 2009Here is a new AP report that seems likely to make Shawn Hannity, Rush Limbaugh and Michael Savage all smile. The piece is headine "Supermax prison: Obama's books objectionable," and here are snippets: The federal government's most secure prison has...
What questions should Judge Sotomayor be asked in her confirmation hearing?
Posted on July 10, 2009The WSJ Law Blog has this timely new entry, titled "Sotomayor: A Guest?s Perspective On What Senators Should Ask The Judge." In what appears to be part of a developing series, Professor Heather Gerken in this post suggests that Senators...
Fascinating new TRAC report on Judge Sotomayor's sentencing record
Posted on July 09, 2009The folks at the Transactional Records Access Clearinghouse (TRAC) hav produced a fascintaing report on the sentencing patterns of Judge Sotomayor when she was a district judge. This TRAC press release describes the report as a "first-of-its kind analysis of...
Interesting split Tenth Circuit ruling on ineffectiveness assistance at plea stage
Posted on July 09, 2009Yesterday the Tenth Circuit handed down an interesting little ruling in Williams vs. Jones, No. 06-7103 (10th Cir, July 8, 2009) (available here), concerning the rules and remedies surrounding ineffective assistance of counsel at the plea stage of a criminal...
Seeking reports from today's NYC regional Sentencing Commission hearing
Posted on July 09, 2009As noted in this recent post and as detailed in this brief public notice, the US Sentencing Commission starts today another of its terrific regional public hearings. This third regional public hearing is in New York City; this official agenda...
UCLA Law Review symposium on Heller and the Second Amendment
Posted on July 09, 2009Thanks to this post at Concurring Opinion, I see that the UCLA Law Review has now published a terrific (and large) issue devoted to "The Second Amendment and the Right to Bear Arms After D.C. v. Heller." This issue, which...
"Madoff won't appeal 150-year sentence, attorney says"
Posted on July 09, 2009The title of this post is the headline of this new story from CNN. Here are a few more details: "We are not going to appeal," Madoff attorney Ira Lee Sorkin told CNN on Thursday. Sorkin said he met with...
Split Ninth Circuit ruling reversing a jury verdict in a prisoner lawsuit
Posted on July 09, 2009A Ninth Circuit panel splits today in the prisoner litigation case of Norwood v. Vance, No. 07-17322 (9th Cir. July 9, 2009) (available here). The dispute at issue is summarized in the first sentence of the majority opinion: "We consider...
Law professor letter supporting Judge Sotomayor with lots of signatures
Posted on July 08, 2009This press release from Columbia Law School, which is titled "Nearly 1,200 Law Professors Unite to Back Sotomayor Nomination to Supreme Court," reports on an effort to which I have devotes a bit of time and energy. Here are the...
Two (very?) important rulings on sentencing authority from the Sixth Circuit
Posted on July 08, 2009Today the Sixth Circuit published two important sentencing opinions: a long new one covering lots of issues in US v. Herrera-Zuniga, No. 08-1540 (6th Cir. July 8, 2009) (available here), and a short older and previously unpublished one in US...
In praise of Texas justice (and shame on the press and public policy activists) on juve LWOP
Posted on July 08, 2009Thanks to a comment to this post, Scott of Grits for Breakfast informed me that "Texas abolished life without parole for juveniles this year legislatively. The Governor signed it. It's now a 40-year minimum for juveniles convicted of capital murder...
What are proper sentencing considerations for forty-year-old crimes?
Posted on July 08, 2009This article, headlined " Elderly Man Appeals Sentence On Historic Sex Charges," present is an interesting sentencing story from New Zeland: Neville Earnest Hearling, then 76, from Wanganui, was sentenced in March to three years and three months in prison...
Are quirky supervised release conditions getting out of hand?
Posted on July 08, 2009A little unpublished per curiam opinion from the Eighth Circuit today in US v. Lacey, No. 07-2436 (8th Cir. July 8, 2009) (available here), prompts the question in the title of this post. In Lacey, the defendant "pleaded guilty to...
The "Bernie benchmark" already brought to bear in Dreier case
Posted on July 08, 2009Right after last week's sentencing of Bernie Madoff, I explained here why I thought Judge Chin's decision to impose a sentence of 150 years really mattered for the federal sentencing system. As I explained in this post, "though the choice...
Of interesting around the blogosphere
Posted on July 07, 2009Here are just a few of the great recent posts which ought to be of interest to sentencing fans that I noticed around the blogosphere: From Concurring Opinions here, "Truthseeking and Criminal Procedure in the Supreme Court?s Last Term" From...
Defense attorneys arguing for lower sentence because Travis Henry was "duped" into drug crime
Posted on July 07, 2009This new story from USA Today, headlined "Lawyers: Travis Henry 'duped,' deserves light sentence," indicates that another NFL player in trouble with the law is hoping to run to sentencing daylight with a notable sent of legal moves: Attorneys for...
Ninth Circuit discusses consideration of state-federal disparities after Booker
Posted on July 07, 2009In a narrow little opinion today in US v. Ringgold, No. 06-10492 (9th Cir. July 7, 2009) (available here), the Ninth Circuit discusses the consideration of state-federal disparities after Booker. Here is how the opinion starts: This appeal concerns the...
Important research that could help with reentry efforts
Posted on July 07, 2009This new article in USA Today, which is headlined "Study could ease concerns over hiring ex-offenders," provides a report on a new study that has the potential to help reentry efforts for ex-offenders. Here are the basics: A study funded...
"Improving Prison Oversight to Address Sexual Violence in Detention"
Posted on July 07, 2009The title of this post is the title of a new "Issue Brief" by Melissa Rothstein and Lovisa Stannow being distributed by the American Constitution Society. The issue brief can be downloaded at this link, and here is the ACS's...
A worldly perspective on different execution methods
Posted on July 07, 2009This BBC article, headlined "Top Indian court upholds hangings," highlights that, outside the United States, not everyone believes that lethal injection is the only way to carry out an execution: India's Supreme Court has rejected a petition to replace hanging...
"Open to the public: U.S. Supreme Court should allow broadcast of oral arguments"
Posted on July 07, 2009The title of this post is the headline of this editorial from my local Columbus Dispatch. Here are a few excerpts: Watching and listening as America's top jurists and leading advocates hash out the fine points of the most important...
"Sotomayor Seen As Moderate On Criminal Justice"
Posted on July 07, 2009The title of this post is the headline given to this segment that ran this afternoon on NPR's All Things Considered. Here is how the segment is described: Analysts see Judge Sonia Sotomayor as a moderate whose decisions in criminal...
Gearing up for the SCOTUS juve LWOP cases on the horizon
Posted on July 07, 2009I was pleased to receive word this week that the Institute of Bill of Rights Law had chosen one of the two juve LWOP cases, Sullivan v. Florida, for its moot court event as part of its Supreme Court Preview...
Hoping that criminal justice issues get justified attention in upcoming SCOTUS confirmation hearing
Posted on July 06, 2009The National Law Journal has this new piece, headlined "A dozen themes frame Sotomayor hearing," that should help whet appetites for the upcoming Senate confirmation hearing for Judge Sotomayor's elevation to the Supreme Court. Disappointingly, though not surprisingly, the piece...
Potent DOJ response to ABA Journal article about federal child porn sentencing
Posted on July 06, 2009As noted in this post last month, the June issue of the ABA Journal includes this long article on the debate over federal child porn sentencing titled, "A Reluctant Rebellion." I just learned about this extended response to the article...
Should we feel good or bad about feeling good about how bad Madoff got punished?
Posted on July 06, 2009A helpful reader sent along this intriguing little piece discussing the virtues and vices of human instincts for imposing "altruistic punishment." The piece is titled "Are humans cruel to be kind?" and here is a snippet: Our sense of fairness...
Will bad facts doom a double jeopardy claim brought to SCOTUS in capital case?
Posted on July 06, 2009This new article in the Washington Post, headlined "Va. Inmate's Lawyers Argue Double Jeopardy," raises the age-old question of whether bad facts often make for bad law. Here are the basic details (which read almost as if they created by...
A high-profile case providing a Canadian perspective on white-collar sentencing
Posted on July 06, 2009This Bloomberg news article, headlined "Prosecutor Seeks 8-10 Years for Ex-Broadway Producers," provides an interesting comparative perspective on white-collar sentencing debates. Here are a few excerpts: Garth Drabinsky and Myron Gottlieb, once Broadway producers with hits like ?Ragtime,? should spend...
"In Prisoners? Wake, a Tide of Troubled Kids"
Posted on July 05, 2009The title of this post is the headine of this effective article in the New York Times, which discusses some social science research starting to document some of the long-term consequences and lurking costs of mass incarceration. Here are excerpts:...
Why should a serial killer be offered a deal to avoid any real punishment for multiple murders?
Posted on July 05, 2009I find this local story from California, headlined "I-5 Strangler suspect Kibbe offered plea deal," quite troublesome: A prosecutor said Thursday that he would allow Roger Kibbe, accused of being the so-called I-5 Strangler, to plead guilty to six murders...
"When Governments Kill: A conservative argues for abolishing the death penalty"
Posted on July 05, 2009The title of this post is the heading for this notable commentary by renown conservative Richard Viguerie, which appears in the July 2009 issue of Sojourners Magazine. Here are snippets (with emphasis in the original): The fact is, I don?t...
US Sentencing Commission holds regional hearing in New York City this week
Posted on July 05, 2009As detailed in this brief public notice, the US Sentencing Commission has another one of its regional public hearings on tap for this week. This third regional public hearing is scheduled for July 9-10, 2009, in New York City will...
What to the American imprisoned is the Fourth of July?
Posted on July 04, 2009Upon Randy Barnett's astute suggestion, I celebrated the Fourth of July this morning by reading Frederick Douglass's famed Independence Day oration from 1852, which was titled "What to the Slave is the Fourth of July?". The speech is remarkable for...
"Is 150 Years Appropriate, or Just Silly?"
Posted on July 03, 2009The question in the title of this post is the headline of this effective column in the New York Times. The piece quotes lots of academics in an effort to help answer the question (including me), but I am even...
Deep thoughts on freedom and liberty for the holiday weekend
Posted on July 03, 2009These two new pieces appearing on SSRN seem like fitting reading for some deep reflections on freedom and liberty this holiday weekend: Neoliberal Penality: A Brief Genealogy by Bernard E. Harcourt Abstract: The turn of the twenty first century witnessed...
"Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury"
Posted on July 02, 2009The title of this post is the headline of this breaking report from Wired news. It is not clear to me that the judges has exactly "overruled" the jury, but rather just concluded as a matter of law that the...
California Supreme Court rejects Apprendi challenge to using juve convictions as strikes
Posted on July 02, 2009Apprendi fans have a lot worth reading today. In addition to my new little discussion of Apprendi-land in the Columbia Law Review's sidebar (discussed here), today the California Supreme Court has lots of Apprendi talk in People v. Nguyen, No....
Judge Alex Kozinski cleared of misconduct (but my illegality concern is not addressed)
Posted on July 02, 2009The blogosphere is buzzing with the news that the Third Circuit, which was tasked with reviewing misconducts complaint against Judge Alex Kozinski, has concluded its investigation via this just-released opinionin which Judge Kozinski is admonished for poor judgment, but cleared...
Split Sixth Circuit panel upholds Tennessee's lethal injection procedures
Posted on July 02, 2009Today in Harbison v. Little, No. 07-6225 (6th Cir. July 2, 2009) (available here), a (divided) Sixth Circuit panel declares that Tennessee's lethal injection protocol is constitutionally sound. Here is how the majority opinion starts: Edward Jerome Harbison is a...
Second Circuit blesses future medical expense restitution in child porn sentencing
Posted on July 02, 2009The Second Circuit has an intriguing little restitution ruling today in US v. Pearson, No. 07-0142 (2d Cir. July 2, 2009) (availalbe here). Here is how the opinion starts: Defendant-appellant Abraham Pearson appeals from a judgment entered January 12, 2007,...
"Cyberbully" Lori Drew scheduled to be sentenced in federal court this afternoon
Posted on July 02, 2009This AP article, headlined "Sentencing scheduled for Mo. mom in MySpace hoax," reports that the rescheduled sentencing of Loi Drew is slated for this afternoon. This ABCNews feature provides some of the pre-sentencing basics: U.S. District Judge George Wu had...
Interesting guideline debate in upcoming federal sentencing of Monica Conyers
Posted on July 02, 2009This local article out of Detroit, headlined "Conyers sentence fires up debate," highlights the challenge of assessing financial figures under the federal sentencing guidelines in a high-profile public corruption case. Here are excerpts from this effective article: Detroit City Council...
Should Bernie Madoff bother to appeal his sentence?
Posted on July 01, 2009The question in the title of this post is prompted by this new article in USA Today, which is headlined "Appeal of Madoff's 150-year sentence wouldn't matter." Here is a big part of an effective article: Bernard Madoff has potential...
"Should Juries Be the Guide for Adventures Through Apprendi-Land?"
Posted on July 01, 2009In this post a few weeks ago, I spotlighted the publication of this great new article by W. David Ball in the June 2009 issue of the Columbia Law Review, titled "Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the...
Lots of notable (and notably different) state death penalty headlines
Posted on July 01, 2009There have been a number of interesting (and quite different) death penalty stories coming from the states this week. Here are some of the highlights as provided by these headlines and links: From California, "Public hearing turns into passionate debate...
An international perspective on proportionality
Posted on July 01, 2009I just saw via SSRN this paper coming from Australia titled "Proportionality in Sentencing and the Restorative Justice Paradigm: ?Just Deserts? for Victims and Defendants Alike?". Here is the abstract: The doctrine of proportionality seeks to limit arbitrary and capricious...
Eleventh Circuit addresses notice requirement for special release conditions
Posted on July 01, 2009Sentencing proceduralists should be interested in the new opinion from the Eleventh Circuit in US v. Moran, No. 08-16987 (11th Cir. July 1, 2009) (available here). Here is how the opinion starts: This appeal presents an issue of first impression:...
Latest FSR issue, "On the Shoulders of Giants," now available on-line
Posted on June 30, 2009I am very pleased to report that the latest issue of the Federal Sentencing Reporter is available on-line. The issue is titled "On the Shoulders of Giants," and Professors Steven Chanenson and Marc Miller were the the chief editors who...
Should SCOTUS or USSC resolve circuit split on who counts as a fraud victim?
Posted on June 30, 2009The National Law Journal has this new piece noting a circuit split over who counts as a victim for a guideline enhancement in fraud cases. The article is headlined, "Circuits split on sentencing for financial fraud ? At issue is...
Notable veto by Texas Gov of sex offender registration reforms
Posted on June 30, 2009This local article from Texas, headlined "Gov. Rick Perry vetoes bill lifting sex offenders 21, younger from registry," spotlights an interesting development in the Lone Star State. Here is how the piece starts: Aaron Jernigan had just started college at...
Around the blogosphere
Posted on June 30, 2009Lots of good new reading at some of my favorite criminal justice blogs: Crime and Consequences Grits for Breakfast StandDown Texas Project Think Outside the Cage White Collar Crime Prof
"Prisons in Africa: An Evaluation from a Human Rights Perspective"
Posted on June 30, 2009The title of this post is the title of this interesting-looking article I just found on SSRN. Here is the abstract: While prisons in Africa are often considered the worst in the world many other prisons systems are worse off...
Is deterrence of child porn offenses sought by federal harshness undermined by state leniency?
Posted on June 30, 2009Regular readers know about the many federal child porn downloading cases in which the federal sentencing guidelines call for many years or even decades of imprisonment. Federal prosecutors frequently defend these harsh sentencing terms by contending they are needed in...
Notable new article on "Appellate Review of Sentence Explanations"
Posted on June 30, 2009I see from this post at Prawfs that Michael O'Hear has another important new piece on SSRN about sentencing explanations. This new piece is titled "Appellate Review of Sentence Explanations: Learning from the Wisconsin and Federal Experiences," and here is...
Another stiff sentence for a Ponzi schemer
Posted on June 30, 2009Perhaps this local sentencing story reflects the echo effect of Bernie Madoff getting maxed out at his federal sentencing: It may not be as wide-ranging as the theft orchestrated by Wall Street investor Bernard Madoff, but the $6 million stolen...
Seventh Circuit rejects broad-side attack on child porn guidelines
Posted on June 30, 2009The Seventh Circuit today handed down an intriguing little per curian opinion dealing with the federal child porn guidelines in US v. Huffstatler, No. 08-2622 (7th Cir. June 30 2009) (available here). Here are the choice quotes: [W]e need not...
Noting the latest state of the crack-powder sentencing debate
Posted on June 29, 2009The Washington Post has this new article reviewing the latest developments in the never-ending debate over federal crack and powder sentencing terms. The piece is headlined "Two Judges Target Cocaine Penalties: Disparity for Crack Crimes Criticized," and here is how...
"Everything You Need to Know About the Madoff Sentencing"
Posted on June 29, 2009This post at the WSJ Law Blog claims to provide a primer on everything one needs to know before the Madoff mania starts at 10am Monday morning. But, if you want to know more, you might check out new pre-sentencing...
New York Times editorial about feeding prisoners
Posted on June 29, 2009This morning's New York Times has this notable editorial, headlined "Two Meals and Not Always Square." Here are excerpts: With budgets tight, states and local governments have been looking at prisons ? and prison food ? as a place to...
A new white-collar benchmark: the main reason the number 150 matters in Madoff
Posted on June 29, 2009As many people recognized in anticipation of Bernie Madoff's sentencing, any prison term of 20 years or more was a functional life sentence for the 71-year-old super Ponzi schemer. And, notably, the presentence report for Madoff apparently recommended a term...
Madoff gets sentenced to max of 150 years in federal prison!
Posted on June 29, 2009Early reports from the MSM says Bernie Madoff gets the max from Judge Denny Chin, 150 years in federal prison, which was the most he could get for all the counts to which Madoff pled guilty. Of course, with a...
"This is really a fascinating term for Justices Scalia and Thomas"
Posted on June 29, 2009The title of this post is a quote from Tom Goldstein's live-blogging at SCOTUSblog in reaction to the handing down of the final opinions of the 2009 Supreme Court Term. I largely agree with this sentiment, though I have found...
SCOTUS takes up another honest-services fraud case
Posted on June 29, 2009Though today's SCOTUS headlines will mostly be about the completion of the '09 Term, the Justices also granted cert on a bunch of new cases this morning. This order list reveals that one of the cases, Weyhrauch v. US, the...
It was 37 years ago today, SCOTUS jurists decided to play...
Posted on June 29, 2009and the Justices have been in the business of regulating state administration of capital punishment ever since its ruling June 29, 1972 ruling in Furman v. Georgia (opinions available here; basics here and here). This is how Ed Whelan describes...
Local examination of the realities of plea bargaining
Posted on June 28, 2009A local paper from Maryland this morning has these two pieces talking about the dynamic realities of plea bargaining: Let's make a deal: The science and art of plea bargains State guidelines help fashion plea agreements Here is a portion...
Should I care about being (mis?)quoted in a White House press release?
Posted on June 28, 2009While doing a little weekend surfing, I stumbled across this press release appearing on whitehouse.gov from the Office of the Vice President (dated June 9), which seeks to champion Judge Sotomayor's criminal justice credentials. The release seeks to marshall a...
Counting some of the economic costs of the death penalty in North Carolina
Posted on June 28, 2009Thanks to this entry at the Death Penalty Information Center, I saw this interesting report in the Independent Weekly, which is headlined "The high cost of the death penalty: Nickel-and-dimed to death." Here are snippets from the piece: [C]ourt fees....
Problems with registration requirements for homeless sex offenders
Posted on June 28, 2009Thanks to this post at How Appealing, I discovered that state court in Pennsylvania held in this opinion that, though "the Legislature could have drafted the Megan?s Law registration requirement to require a homeless and transient person to register ...
Feds seeking the max for Bernie Madoff
Posted on June 27, 2009As detailed in pieces in the New York Times and in the New York Law Journal, federal prosecutors "recommended on Friday that Bernard L. Madoff be sentenced to 150 years in prison for conducting his enormous worldwide Ponzi scheme." Here...
Sentencing the focus of inaugural Chapman Journal of Criminal Justice
Posted on June 27, 2009Thanks to a helpful e-mail, I discovered the new Chapman Journal of Criminal Justice, and also discovered the the new journal's inaugural issue has a series of notable sentencing articles by a bunch of notable authors following up the journal's...
An interesting review of a little habeas history
Posted on June 27, 2009I just came across this intriguing little paper via Bepress, titled "The Story of Tarble's Case: State Habeas and Federal Detention." Here is the abstract: This essay addresses the background to and significance of Tarble?s Case (1872), in which the....
"Census Prisoner Count Dilutes Urban Political Clout"
Posted on June 27, 2009The title of this post is the headline of this article from The Legal Intelligencer. Here is how the article starts: The voting power of Philadelphians is diluted on the state level because state and federal prisoners are counted by...
Any sentencing predictions or prognostications before Monday's Madoff mania?
Posted on June 26, 2009Infamous ponzi schemer Bernie Madoff is scheduled to be sentenced this coming Monday, and so a slow summer friday presents a great opportunity for sentencing predictions and prognostications before the Madoff mania. Helpfully, this Bloomberg piece, headlined "Madoff?s Failure to...
Some great SCOTUS crim law commentary around the blogosphere
Posted on June 26, 2009I have seen lots and lots of good posts from the usual good crim law bloggers in response to some of the recent SCOTUS crim law action. Here are just a few of the many posts worth checking out: From...
"A chaplain's take on capital punishment"
Posted on June 26, 2009The title of this post is the headline of this new commentary appearing in the Austin American-Statesman. Here are snippets: The last time I checked, seven out of 10 Texans approved of the death penalty, and not surprisingly, Texas executes...
Local Michigan prosecutor suing state for parole release data
Posted on June 25, 2009It is not unusual for inmate to sue a state parole board in order to seek early release, but this story from The Detroit News is the first time I have heard of a prosecutor suing the state to find...
Interesting new paper examining prosecutorial biases
Posted on June 25, 2009I just noticed this interesting-looking new paper on SSRN by Barbara O'Brien, which is titled "A Recipe for Bias: An Empirical Look at the Interplay between Institutional Incentives and Bounded Rationality in Prosecutorial Decision Making." Here is the abstract: Prosecutors...
SCOTUS hands down last two criminal justice cases of the Term
Posted on June 25, 2009Though not dealing directly with sentencing issues, the Supreme Court issued its final two notable criminal justice decisions this morning. Here is the basics thanks to this post at How Appealing: Today's third opinion issued in Safford United School Dist...
Will Judge Sotomayor say anything "activist" about the Second and Eighth Amendments?
Posted on June 25, 2009These two new articles about Judge Sotomayor this morning highlight that her jurisprudential views on gun rights and capital punishment are sure to be a significant part of her confirmation hearings next month: The New York Times has this article...
Senator Webb's bill for criminal justice reform commission getting some House attention
Posted on June 25, 2009As detailed in this Huffington Post piece, the "House of Representatives will be taking up a companion version of a popular Senate bill intended to overhaul the American criminal justice system, Rep. Bill Delahunt (D-Mass.) told the Huffington Post on...
Judge Kent (finally!) resigns as he is served impeachment papers in prison
Posted on June 25, 2009Thanks to this post from How Appealing linking all the press coverage, I see that convicted felon Judge Samuel Kent made some news from his prison cell this afternoon. Here is a report from the Houston Chronicle: U.S. District Judge...
Why Bernie Madoff won't get a record white-collar sentence
Posted on June 25, 2009In this posta few weeks ago, I put forward a "bleg from a Forbes reporter seeking to "compile a list of longest federal sentences for white-collar criminals, specifically financial criminals." The product of the reporter's efforts now appears in this...
"Proposed cuts would allow a Madoff to avoid prison in California, Cooley says"
Posted on June 25, 2009The title of this post is the heading from this notable posting in the Los Angeles Times blog discussing some of the reaction to some of the cuts proposed in California's new budget. Here are a few more details: Los...
New York Times editorial on combatting prison rape
Posted on June 24, 2009I am pleased to see that the New York Times has responded to the new important report on prison rape (details here) with this potent editorial. Here are some highlights: Rape accompanied by savage violence has long been part of...
Notable upward variance for white-collar offender
Posted on June 24, 2009This local federal sentencing story from Massachusetts, which is headlined "Judge throws the book at Cape church swindler," highlights that judges are sometimes eager to bring down the sentencing hammer on certain white-collar criminals: A federal judge yesterday sentenced a...
The still on-going struggle over lethal injection procedures in Missouri
Posted on June 24, 2009Anyone who hoped or feared that the Supreme Court's ruling in Baze would help resolve lower court litigation over state lethal injection procedures should check out this new article from Missouri. The piece is headlined "Mo. executions on hold because...
What is a fitting and just sentence for breastfeeding while intoxicated?
Posted on June 24, 2009This local story from North Dakota, which has now been picked up by the AP and UPI, seems certain to be fodder for punditry of all sorts. Of course, I am eager to make it a sentencing story, and here...
A local sentencing story for the dogs
Posted on June 24, 2009During various sports radio discussions, I heard various folks assert that the different prison terms given to Michael Vick and Donte Stallworth showed that society cared more about criminals who kill dogs rather than those who killed humans. Though this...
Long split Sixth Circuit opinion discussing lots of modern federal sentencing issues
Posted on June 24, 2009The Sixth Circuit issued a long split opinion this morning in US v. O?Georgia, No. 05-2598 (6th Cir. June 24, 2009) (available here). The start of the majority's ruling provides some flavor of the many issues covered: Mark Arhebamen, also...
Speech by AG Holder for "Rethinking Federal Sentencing Policy"
Posted on June 24, 2009As I noted in this post, a big event this afternoon in DC took place under the heading "?Rethinking Federal Sentencing Policy: 25th Anniversary of the Sentencing Reform Act." Attorney General Eric Holder spoke at the event, and his speech...
Madoff asking for a 12-year prison sentence
Posted on June 23, 2009As detailed in this new story in the New York Law Journal, which is headlined "Madoff Lawyer Asks Judge to Ignore 'Hysteria,' Impose 12-Year Sentence," the legal team for Bernie Madoff has come up with an interesting proposed sentencing number:...
Notable new paper on doctor involvement in executions
Posted on June 23, 2009I just learned from a helpful reader about this new article by Ty Alper on SSRN titled, "The Truth about Physician Participation in Lethal Injection Executions." Here is the abstract: This Article addresses an aspect of Baze v. Rees (the...
Intriguing Ninth Circuit ruling on scope of Apprendi's prior conviction exception
Posted on June 23, 2009The Ninth Circuit handed down an interesting little habeas ruling today in Kessee v. Mendoza-Powers, No. 07-56153 (9th Cir. June 23, 2009) (available here). As this start to the short Kessee opinion highlights, one probably needs to be a hard-core...
Major CBC event on "Rethinking Federal Sentencing Policy"
Posted on June 23, 2009As detailed in these notices from The Sentencing Project and FAMM, the Congressional Black Caucus Community Re-Investment Taskforce has a great program planned for Wednesday, June 24 on "Rethinking Federal Sentencing Policy." Here is how The Sentencing Project describes the...
Major report on combatting prison rape finally released
Posted on June 23, 2009As detailed in this Washington Post article, a long awaited report from the National Prison Rape Elimination Commission has finally been released: Nearly six years after President George W. Bush signed legislation to reduce prison rape, a blue-ribbon commission is...
"A Clean Version Of Hell"
Posted on June 22, 2009The title of this post is the title given to this 60 Minutes segment that ran last night discussing the federal supermax prison in Colorado. The piece is mostly a re-run of an earlier segment, but the introduction highlights its...
Lots of new reading for Second Amendment fans
Posted on June 22, 2009I have noticed that a wave of Heller and Second Amendment scholarship is starting to crash on the beaches of SSRN. Specifically, these four new pieces have all showed up in just the last few weeks: Heller and Nonlethal Weapons...
"Prison spending still shackles state budget"
Posted on June 22, 2009The title of this post is the headline of this effective commentary from a local paper in Colorado. Here are a few excerpts from a piece that effectively spotlights how significant and consequential prison sepnding has become in that state:...
Supreme Court grants cert on federal sex offender civil confinement
Posted on June 22, 2009As detailed in this order list, the Supreme Court this morning granted cert on United States v. Comstock, which concerns Congress's authority to enact a federal statute permitting court-ordered civil commitment by the federal government of ?sexually dangerous? persons...
The telling failure to make serious use of the clemency power in Maryland
Posted on June 22, 2009This Washington Post article, headlined "O'Malley Puts the Brakes on Clemency in Md.: Governor Prepares to Clear 7, His First Such Cases, and Remains Far Behind Ehrlich's Pace," highlights how a governor who has been eager to end the death...
"Will Madoff ever leave prison alive?"
Posted on June 22, 2009The title of this post is the headline of this new piece at CNNMoney. Here is how the piece starts: Convicted Ponzi scammer Bernard Madoff will probably spend the rest of his life in jail. On June 29, Judge Denny...
Notable recent comments about sentencing reforms from AG Holder
Posted on June 21, 2009Thanks to this post at TalkLeft, I saw that Attorney General Eric Holder spoke about the crack-powder sentencing disparity and other drug sentencing issues on Friday at the D.C. Court of Appeals Judicial Conference. His speech is available at this...
"Death penalty decisions loom for Barack Obama"
Posted on June 21, 2009The title of this post is the headline from this new article at Politico. Here are excerpts from the start of a lengthy and informative article by Josh Gerstein: For the first time in his career, President Barack Obama may...
New report urging drug sentencing reform in Massachusetts
Posted on June 21, 2009This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must enact meaningful drug reform for non-violent offenders, focusing on education and treatment instead of incarceration and...
Should a governor be writing a sentencing judge urging a harsh sentence?
Posted on June 20, 2009The question of this post is prompted by this local article from Pennsylvania, which is headlined "Judge blasts Gov. Rendell's letter about sentencing." Here are some of the particulars: From the bench Wednesday afternoon, county President Judge William E...
Puppy problems produced by prison populations
Posted on June 19, 2009This local dispatch reporting on the prison economy in Oregon, which is headlined "Ore. Lawmakers: State can't afford tougher penalties for animal abuse," prompted me to produce the alliterative title to this post. Here are the particulars: A bill currently...
Judge Kent impeached by House of Representatives
Posted on June 19, 2009Here is an example of unique form of collateral consequences of a conviction: "The House today impeached imprisoned U.S. District Court Judge Samuel B. Kent and sent his case to the Senate for trial." This Houston Chronicle article provides more...
First(?) significant(?) Second Amendment ruling favoring a federal criminal defendant
Posted on June 19, 2009Thanks to this post by Eugene Volokh, titled "Rare (Partial) Victory in Second Amendment Case," I learned that earlier this week a federal district judge issued this brief opinion in US v. Engstrum, No. 2:08-CR-430 (D. Utah June 15, 2009),...
SCOTUS hands down opinion in a few of its final criminal law cases, including DNA access ruling
Posted on June 18, 2009The Supreme Court's term is winding down, and thanks to live-blogging by SCOTUSblog I can report on the basics of the criminal law rulings that the Justices handed down this morning: The Court has released the opinion in Yeager v....
WWJD about the conflict between religion and restrictions on sex offenders?
Posted on June 18, 2009This article from the Atlanta Journal-Constitution, headlined "Church-activity ban prompts legal fight," raised questions about what will judges do (and also what would Jesus do) concerning a Georgia law prohibiting sex offenders from volunteering at churches...
One notable example of a pro athlete not getting a sentencing break (and of jury sentencing)
Posted on June 18, 2009While lots of commentators are questioning the sentencing leniency shown to Donte Stallworth, this story from Texas provides evidence that former pro athletes do not always get sentencing breaks: A former New York Yankees outfielder was sentenced to 45 years...
Lots and lots of notable new proposed priorities from US Sentencing Commission
Posted on June 18, 2009The US Sentencing Commission has now posted here its "notice of proposed priorities and request for public comment ... for the amendment cycle ending May 1, 2010." Unlike in prior years in which the USSC seemed to be acting as...
MADD is mad about short Stallworth sentence
Posted on June 17, 2009This post from the New York Times' NFL blog has lots of interesting follow-up concerning the short prison term given to NFL receiver Donte Stallworth in Florida for DUI manslaughter. The post links to this interesting news releasefrom the the...
Lawyer for Plaxico Burress making much of sweet plea deal given to other NFL receiver
Posted on June 17, 2009As detailed in this New York Daily News article, the lawyer for Plaxico Burress has wasted no time highlighting that his client ought to be able to get a plea deal with sentencing terms that are as sweet as the...
Lots of interesting discussion in Second Circuit's refusal to go en banc in federal capital case
Posted on June 17, 2009The 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...
"Majority of Leading Criminologists Find Death Penalty Does Not Deter Murder"
Posted on June 17, 2009The title of this post is the heading to this new entry at the Death Penalty Information Center based on the publication of a new article now appearing in the Journal of Criminal Law and Criminology titled "Do Executions Lower...
Missouri Supreme Court rules that federal sex offender registration requirement trumps state limits
Posted on June 17, 2009This local article, headlined "Ruling to force sex offenders' names back on Missouri registry," provides a report on the significant impact of a ruling from the MIssouri Supreme Court concerning what sex offenders must register with the state: Thousands of...
Are criminal defendants the "real losers" when judges are elected?
Posted on June 17, 2009The National Law Journal has this interesting commentary discussing the impact of judicial elections on criminal justice, which is headlined "Only a partial win: The Caperton ruling, while welcome, does nothing to protect the real losers in judicial elections ?...
NASC Annual Conference as timely as ever
Posted on June 17, 2009I am pleased to be able to highlight this year's National Association of Sentencing Commissions annual conference, which is held August 2-4, 2009 in Baltimore, Maryland. This year's conference is titled "15 Years of NASC: Looking Back, Moving Forward," but...
A few notable comments from AG Holder in Senate testimony
Posted on June 17, 2009Attorney General Eric Holder testified before the Senate Judiciary Committee today, and this link provides the text of his statement. The statement is long and does not have too much grist for the sentencing mill, though this paragraph (under the...
"Jail time cut for pregnant illegal alien"
Posted on June 16, 2009The title of this post is the headline of this local article that provides an update on a notable federal sentencing case (discussed here) in which a pregnancy became a reason for a longer prison term: A pregnant, HIV-positive African...
China changing execution method from firing squads to lethal injection
Posted on June 16, 2009The world's top execution country has announced a change in its execution protocol. This Reuters article, headlined "China to swap bullets for lethal injections," provides this report: China's capital plans to use lethal injections in executions by the end of...
"DOJ's Attack on Federal Judicial Leniency, the Supreme Court's Response, and the Future of Criminal Sentencing"
Posted on June 16, 2009The title of this post is the title of this great-looking new article appearing on SSRN from Professors Susan Klein and Sandra Guerra Thompson. Here is part of the piece's abstract: The last few years have brought some equilibrium to...
Bernie Madoff's many victims vent in letters to sentencing judge
Posted on June 16, 2009As detailed in this New York Times article, headlined "Fraud Victims Want Maximum for Madoff," some victim of Bernie Madoff's ponzi scheme have had a chance to tell his sentencing judge what they think ought to happen to their least-favorite...
NFL player gets very short jail term for drunk driving killing
Posted on June 16, 2009This updated article from the Miami Herald, headlined "Donte' Stallworth gets 1 month in jail, 2 years house arrest in DUI death," provides the latest celebrity sentencing news that gets me all riled up again about the leniency too often...
Long opinions affirming very long federal child sex abuse sentences
Posted on June 16, 2009Any concern that federal judges are too lenient when sentencing those who abuse children sexually should be allayed by some very long sentences affirmed in two long circuit court opinions today. From the Second Circuit, we get US v. Jass,...
New York Times complains (foolishly?) about creative writing sentence
Posted on June 16, 2009I am intrigued and a bit troubled to see that the New York Times has this new editorial that appears to be complaining about the recent sentencing decision ordering a white-collar defendant to write a book (discussed here). Here is...
Lots of headlines about lots of death row delays
Posted on June 15, 2009This morning brings a number of notable article discussing the long wait of death row for condemned defendants in various states: From the Chicago Tribune here, "Indiana executions at slowest pace in 15 years" From the Deseret News (Utah) here,...
SCOTUS addresses meaning of "aggravated felony" in immigration decision
Posted on June 15, 2009As detailed at SCOTUSblog here and here, this morning the Supreme Court granted cert on four new cases and handed down two opinions. All the cert grants were in civil cases, and technically so were the two issued opinion. But...
Judge Samuel Kent finally heading to prison today
Posted on June 15, 2009Thanks to this post at How Appealing, evenyone can catch up on all the latest news about Judge (and convicted felon) Samuel Kent, who is due to report to prison today. This recent article by Mary Flood in the Houston...
"Explaining the imprisonment epidemic"
Posted on June 15, 2009The title of this post is the title of this editorial introcution to this issue of the February 2009 issue of Criminology & Public Policy. Here are the other articles on imprisonment in this issue: Crime, cash, and limited options:...
Split Eleventh Circuit ruling on reasonableness of long sentence for one co-conspirator
Posted on June 15, 2009Today the Eleventh Circuit handed down an interesting ruling on the reasonableness of a sentence in US v. Docampo, No. 08-10698 (11th Cir. June 15, 2009) (available here). Here is how the majority opinion, per Judge Pryor, gets started: The...
A fascinating view of a different approach to prison architecture
Posted on June 14, 2009This morning's New York Times includes this must-read article from the magazine section. The piece is headlined "Behind Bars ... Sort Of," and it is focused on prison near the Austrian town of Leoben that is "a sleek structure made...
Do prisoners get better health care than poor?
Posted on June 14, 2009The question in the title of this post is inspired by this notable op-ed piece from a local Oregon paper, which is headlined "State is wasting money on death-row health care." Here are excerpts: On Sept. 18, 1995, Horacio Alberto...
Lots worth reading around the blogosphere
Posted on June 14, 2009Here is just a sampling of some criminal law posts of note around the blogosphere: From Balkinization here, "The best nine-page opinion ever written!" (discussing this Second Amendment opinion from the Seventh Circuit) From The Crime Report here, "The Public...
"California Inmate Plan Draws Ire"
Posted on June 13, 2009The title of this post is the headline of this article in today's Wall Street Journal. Here are excerpts from the start of the article: California spent the past two decades making criminals pay ever-higher prices for their misdeeds, with...
Around the blogosphere
Posted on June 12, 2009Returning from the USSC conference in New Orleans to discover lots of posts of note around the criminal law blogosphere: From Capital Defense Weekly, "Alabama kills" From Grits for Breakfast, "Early education and crime" From StandDownTexas, "District Attorneys Disagree on...
Justice Stevens refuses to grant bail for Conrad Black
Posted on June 12, 2009In this post at SCOTUSblog, titled "Black loses bail plea ? for now," Lyle Denniston reports that "Supreme Court Justice John Paul Stevens refused on Thursday to order the release on bail of Canadian media mogul Conrad M. Black, but...
ABA Journal covers the controversies over federal child porn sentences
Posted on June 12, 2009The June issue of the ABA Journal includes this long article on the debate over federal child porn sentencing. The article is titled, "A Reluctant Rebellion," and here are some excerpts: [Judge Lynn] Adelman?s criticism [of the child porn sentencing....
Ohio ? aka the Texas of the north ? setting busy execution schedule
Posted on June 12, 2009Though not historically a state with lots of executions, Ohio in recent years has been one of the most active death penalty states. And, as detailed in local articles here and here, the "pace of executions in Ohio has become...
Great new article on Apprendi and parole in Columbia Law Review
Posted on June 12, 2009I am pleased to be able to highlight the publication of this great new article by W. David Ball in the June 2009 issue of the Columbia Law Review, titled "Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning...
"Judge Orders Former Bristol-Myers Executive to Write Book"
Posted on June 12, 2009The title of this post is the headline of this New York Times article discussing a creative sentencing term imposed by a federal judge on a white-collar offender. Here are a few of the details: On Monday, Judge Ricardo M....
In the Big Easy to discuss not-so-easy sentencing topics
Posted on June 11, 2009I am in New Orleans today to talk about departures and variances at the US Sentencing Commission's National Annual Seminar. I expect blogging will be light the rest of today, but I am hoping events at this conference will inspire...
Pot doc scheduled to be finally sentenced
Posted on June 11, 2009As detailed in this AP piece, a high-profile case involving a dispenser of medical marijuana is suppose to finally get to sentencing today: A medical marijuana dispensary owner is scheduled for sentencing in one of the nation's first cases since...
"Teen with 47 IQ gets 100 years in sex abuse case"
Posted on June 11, 2009A helpful reader forwarded to me this article with the headline that appears in the title to this post. Here are the particulars: A teenager who has profound mental disabilities was sentenced to 100 years in prison after pleading guilty...
Another district judge adopts 1-to1 crack/powder sentencing plan
Posted on June 10, 2009In this post last month, I reported on the thoughtful opinion in US v. Gully, No. CR 08-3005-MWB (N.D. Iowa May 18, 2009), Judge Mark Bennett explaining why he adopted a 1:1 ratio for crack sentencing cases. Thanks to a...
Do female sex offenders present special issues and problems?
Posted on June 10, 2009This new piece at CorrectionsOne, titled "Female sex offenders: A new phenomena?," prompts the question in the title of this post. Here are snippets from the article: The majority of sex offender research pertains to male offenders. However, in recent...
"California can't afford the death penalty"
Posted on June 10, 2009The title of this post is the headline of this op-ed authored by a former California Attorney General and district attorney, John Van de Kamp. Here is how the opinon piece starts: There are many reasons why people object to...
Senate hearing to discuss Senator Webb's national crime commission bill
Posted on June 10, 2009As detailed at this official webpage and in this report from The Sentencing Project, on Thursday June 11, the Senate Judiciary Subcommittee on Crime and Drugs will host a hearing to discuss Senator Jim Webb's bill proposing the creation of...
"Tough sentencing harder on budgets than on crime"
Posted on June 10, 2009The title of this post is the headline of this recent op-ed by Marc Mauer of The Sentencing Project. Here are some excerpts: [G]overnors across the nation are finding that prison expansion in the midst of an economic crisis is...
Should and will Conrad Black get bail from the Supreme Court?
Posted on June 10, 2009As detailed in posts here and here at SCOTUSblog, all the briefs are now before the Supreme Court in Conrad Black's request for bail from the Supreme Court. Here are the basics from Lyle Denniston's most recent dispatch: Lawyers for...
Discussing prosecutorial power at Ohio events on Tuesday
Posted on June 09, 2009I have the honor and the pleasure of participating in two panel discussions on Tuesday sponsored by the Buckeye Institute for Public Policy Solutions, which will be focused on lessons to draw from this great new book by Jon Entine...
An initial (deep?) thought about modern Eighth Amendment jurisprudence
Posted on June 09, 2009Ever since the Supreme Court's cert grant in the juve LWOP cases of Graham and Sullivan (basics here and here), I have been thinking about ways the Justices might breathe some new life into a troublesome modern Eighth Amendment jurisprudence....
Bill addressing capital racial injustice making progress in North Carolina
Posted on June 09, 2009More than two decades ago in the famous McClesky case, the Supreme Court suggested it was less able than legislatures to address systemic racism in the application of the death penalty. As detailed in this local article, headlined "Committee OKs...
Sixth Circuit ruling on sentencing discretion under Rule 35(b)
Posted on June 09, 2009The Sixth Circuit has a split panel ruling of note today in US v. Grant, No. 07-3831 (6th Cir. June 9, 2009) (available here), concerning the scope of sentencing discretion when prosecutors seek to credit a defendant's cooperation effort via...
"Drunk-Driving Foes Split on Severity of Penalties"
Posted on June 09, 2009The title of this post is the headline of this intrig