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Criminal Law

Sentencing Law and Policy

News, issues, commentary and provides resources related to sentencing law and policy.
By Douglas A. Berman

Post Frequency: 77.7/day

Last Entry: April 01, 2011 at 10:54:24

Another extraordinary sentencing opinion from Judge Jack Weinstein in multi-defendant crack case

Posted on April 01, 2011
A number of helpful readers have made sure that I did not miss yet another extraordinary sentencing opinion from the desk of US District Judge Jack Weinstein. The opinion in United States v. Bannister, No. 10-CR-0053 (E.D.N.Y. Mar. 24, 2011)...

"Controversy Follows New Execution Drug"

Posted on April 01, 2011
The title of this post is the headline of this new piece in the New York Times reporting on a new lawsuit filed following the decision by Texas authorities to utilize a new drug in the state's lethal injection protocol....

Interesting report on federal reentry court program in Kansas City

Posted on April 01, 2011
A helpful reader alerted me to this interesting local article, headlined "Ex-cons get help keeping out of crime and on the job," discussing an innovative program developed in federal court in Kansas City. Here are some details: Under the direction...

Budget issues prompt big talk of big prisoner release in Alabama

Posted on March 31, 2011
As detailed in this local article, headlined "3,000 Alabama inmates may be released," budget realities may mean that a tide of prisoners may soon be rolling out of cells in Alabama. Here is how the article starts: The state finance...

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New ACLU report assails racial skew in drug sentencing in Mississippi

Posted on March 31, 2011
As detailed in this AP article, the "American Civil Liberties Union has released a report calling on Mississippi to revamp sentencing laws the group says disproportionately impose harsher penalties on drug offenders who are black, and fuel a high incarceration...

Houston judge gets ACLU heat for offering bible study as alternative sentence

Posted on March 31, 2011
This local alternative sentencing story from Houston, which is headlined "Judge's sentence involving Christian book causes controversy," became a focal point for some national media buzz today. Here are the details: A new judge is trying to find a new...

Seond Circuit discusses (and defends) illegal reentry guideline

Posted on March 31, 2011
The Second Circuit has interesting little federal sentencing opinion today in US v. Perez-Frias, No. 10-1401 (2d Cir. March 31, 2011) (available here), which engages and largely rejects a number of broadside attacks on the illegal reetry guideline. Here is...

"Danish company won't stop US execution drug"

Posted on March 30, 2011
The title of this post is the headline of this new AP piece. Here are the details: A Danish company that unwittingly has become a key supplier of an execution drug in the U.S. says it's not going to withdraw...

Are we really "at a critical moment for public safety in the United States"?

Posted on March 30, 2011
The question in the title of this post is inspired by a phrase used by Laurie Robinson, the Assistant Attorney General for DOJ's Office of Justice Programs, in her testimony before the House Appropriations Subcommittee on Commerce, Justice, Science and...

Tenth Circuit rejects interesting attack on BOP policy concerning RDAP early release

Posted on March 30, 2011
The Tenth Circuit has an interesting opinion today in Licon v. Ledesma, No. 10-6166 (10th Cir. March 30, 2011) (available here), on a federal prison topic that (too?) rarely gets litigated. Here is how the opinion starts: Ortino Licon challenges...

"Current Directions in Violence Risk Assessment"

Posted on March 30, 2011
The title of this post is the title of this new paper by Jennifer Skeem and John Monahan, which is now available via SSRN. Here is the abstract: A variety of instruments have been published over recent years that improve...

"Willie Nelson Could Sing for His Freedom in Texas Pot Case"

Posted on March 29, 2011
A helpful reader altered me to this amusing story from Fox News sharing the headline of this post. Here are the details: The prosecutor in Willie Nelson's marijuana possession case said the country music legend could get off with just...

You make the call: what sentence should Detroit's Granny Valjean get for Social Security fraud?

Posted on March 29, 2011
Here is a fitting challenge not only for all sentencing practitioners, but for anyone else who likes to imagine wearing a black robe and dispensing sentencing justice. This Friday in Detroit, as detailed in this local article, a notable and...

Prescription forger seeks sentencing delay with forged doctor's note

Posted on March 29, 2011
From the "you can't make this stuff up" file come this local sentencing story from California, headlined "Woman in court for sentencing allegedly presents forged doctor's note, then collapses." Here are the particulars: A 41-year-old woman who was in court...

Third Circuit finds procedurally(?!?) unreasonable two below-guideline white-collar sentences

Posted on March 29, 2011
The Third Circuit has an interesting ruling today in US v. Negroni, No. 10-1050 (3d Cir. March 29, 2011) (available here), in which two white-collar defendants have their below-guideline sentences vacated. Here are a few snippets from the Negroni opinion...

Split 5-4 SCOTUS ruling brings deliberate indifference standard to 1983 action against prosecutors

Posted on March 29, 2011
The Supreme Court finally handed down this morning an opinion in Connick v. Thompson concerning potential liability for prosecutorial injustices. The decision is 5-4 with Justice Thomas delivering the opinion of the Court, Justice Scalia issuing a concurring opinion joined...

Lots of data and a cool graphic concerning international use of the death penalty

Posted on March 29, 2011
Amnesty International recently published death penalty information for all countries in the world, and the folks at The Guardian have assembled and summarized the information effectively in this piece. The piece includes the cool graphic spotlighted here, and this text:...

"Alternative sentencing programs show growing success in Oklahoma"

Posted on March 28, 2011
The title of this post is the headline of this local article which carries this sub-headline: "Oklahoma prosecutors today may choose from a variety of nontraditional sentencing options ranging from drug court assignments to mental health and anger management counseling...

Eleventh Circuit weighs in on ex post facto issues after Booker

Posted on March 28, 2011
Though Booker has been the law of the federal sentencing land for more than six years now, the impact of the decision on ex post facto doctrines concerning the application of the guidelines remains unresolved in most circuits (and, it...

Notable Enron insider trading sentencing outcome and reasoning

Posted on March 28, 2011
This Bloomberg report, headlined "Ex-Enron Broadband Executive Sentenced for Insider Trading," caught my attention for a number of reasons. Here are the details: Former Enron Broadband Services executive Rex Shelby was sentenced today on an insider trading charge linked to...

Georgia death row inmate Troy Davis now gets no review or relief from SCOTUS

Posted on March 28, 2011
As detailed in this AP report, which is headlined "High court rejects appeal from Troy Davis," this morning the US Supreme Court "has rejected an appeal from Georgia death row inmate Troy Davis, clearing the way for the state to...

New NPR investigative series on private prisons

Posted on March 28, 2011
NPR has this interesting and notable new set of pieces on private prisions: Town Relies On Troubled Youth Prison For Profits Private Prison Promises Leave Texas Towns In Trouble What Is GEO Group? Here is the start from one of...

NY Times sees sexting news fit to print

Posted on March 27, 2011
Today's New York Times has a huge front-page story on teenage sexting, along with companion article looking at both the legal and social realities surrounding this modern technology issue. Here are links to the pieces: "Poisoned Web: A Girl?s Nude...

The death penalty debate in the (bellwether?) capital state of Ohio

Posted on March 27, 2011
Because I consider my own Ohio as a political bellwether, this new local article about death penalty debates in the state seems of more than just local interest. The piece is headlined "While some push to end capital punishment in...

"Mandatory Life and the Death of Equitable Discretion"

Posted on March 27, 2011
The title of this post is the title of this notable new book chapter by Professor Josh Bowers, which is now available via SSRN. Here is the abstract: This essay is a contribution to a book that asks the question...

Notable media coverage of Fifth Circuit Amy child porn restitution ruling

Posted on March 26, 2011
The biggest development in sentencing jurisprudence this past week was the Fifth Circuit's fascinating (and suspect?) ruling that no proximate causation showing is needed to support a restitution order in the child pornography downloading case known as In re Amy...

New JPI report expressing concerns about drug courts and net widening

Posted on March 26, 2011
This past week the Justice Policy Institute released this really interesting new report concerning drug court. The report is titled "Addicted to Courts: How a Growing Dependence on Drug Courts Impacts People and Communities," and here is how JPI describes...

"Why Padilla Doesn?t Matter (Much)"

Posted on March 26, 2011
The title of this post is the title of this new piece by Professor Darryl Brown, which is now available via SSRN. Here is the abstract: The U.S. Supreme Court?s decision in Padilla v. Kentucky might herald a breakthrough in...

US Bureau of Prisons director Harley Lappin announces retirement

Posted on March 26, 2011
As detailed in this BOP press release, "Director Harley G. Lappin has decided to retire from the Bureau of Prisons effective May 7, 2011." Here is more from the release: During his eight years as director of the Bureau of...

Should prosecutors be offered bonuses for conducting trials and getting convictions?

Posted on March 25, 2011
The question in the title of this post is prompted by this fascinating article from the Denver Post headlined "DA Chambers offers bonuses for prosecutors who hit conviction targets." Here are the details: Eighteenth Judicial District Attorney Carol Chambers has...

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