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Sentencing Law and Policy 
News, issues, commentary and provides resources related to sentencing law and policy.
Post Frequency: 77.7/day Last Entry: April 01, 2011 at 10:54:24 Recent Entries: 4815
By Douglas A. Berman
Go to Sentencing Law and Policy, find other Criminal Law blogs, or browse all law blogs.
Effective review of state gun laws likely to be challenged after McDonald
Posted on June 30, 2010The AP has this effective new piece, headlined "Gun law challenges likely after high court ruling," which reviews the state gun restrictions that might soon be subject to post-McDonald litigation. Here is the article's list: Among other laws already facing...
In the Kagan hearings, were any core criminal justice issues been discussed?
Posted on June 30, 2010The formal and direct questioning of SCOTUS nominee Elena Kagan wrapped up this afternoon. Based on media reports, it seems that the death penalty and gun rights are the only criminal justice issues that were at any point discussed during...
Interesting details about the first(?) post-McDonald suit brought in North Carolina
Posted on June 30, 2010This local story out of North Carolina provides some of the interesting details surrounding the first high-profile challenge to a state gun law in the wake of the McDonald Second Amendment ruling earlier this week: The same day the U.S....
Notable new district court opinion addressing effort to defend child porn sentencing guidelines
Posted on June 30, 2010Regular readers know well the robust on-going debate in the federal courts concerning the federal sentencing guidelines and appropriate sentencing for child porn offenses. Though most detailed written sentencing opinion on the subject have assailed the operation and severity of...
A few notable capital cert denials in yesterday's SCOTUS action
Posted on June 29, 2010As detailed in these local stories from Missouri and Texas, there were a few noteworthy denials of cert by the Supreme Court in capital cases within the order list released yesterday: From MissouriNet here, "SCOTUS will not hear MO lethal...
"The Case for Treating Drug Addicts in Prison"
Posted on June 29, 2010The title of this post is the headline of this interesting new piece in Newsweek. Here is an excerpt: Of the 2.3 million inmates in the U.S., more than half have a history of substance abuse and addiction. Not all...
A few final wins for criminal defendants on the final day of the SCOTUS Term
Posted on June 29, 2010Though yesterday felt like the final day of the October 2009 Supreme Court Term, the Justices actually released today a final set of orders. And, as effectively described in this SCOTUSblog post, this final set of orders included some notable...
The "Silent Six" states worth watching for post-McDonald Second Amendment litigation
Posted on June 29, 2010Back in October 2009 the Supreme Court accepted cert in the McDonald case, I asked in this post "What state and local issues will be litigated the most if (when?) Heller is incorporated?". Though that post did not generate many...
High-profile below-guideline political corruption sentence headed to Third Circuit
Posted on June 29, 2010As detailed hereand in other posts linked below, last summer brought lots of discussion and debate over the 55-month prison sentence imposed on Pennsylvania state lawmaker Vincent Fumo for his convictions on various corruption charges. Because Fumo was convicted at...
"Civil, Criminal, or Mary Jane: Stigma, Legislative Labels, and the Civil Case at the Heart of Criminal Procedure"
Posted on June 29, 2010The title of this post is the title of this new piece on SSRN by Professor W. David Ball. David always has interesting stuff to say about the Supreme Court's Apprendi jurisprudence, and the abstract to this article spotlights this...
Fascinating racial justice debate on California pot legalization proposition
Posted on June 29, 2010This AP article, which is headlined "Calif NAACP to back pot legalization initiative," provides an interesting example of how California's November ballot proposition that would decriminalize marijuana is already dividing some usual bedfellows: The NAACP's California chapter pledged its support...
Kagan confirmation comedy club
Posted on June 29, 2010This AP article, which summarizes some aspects of Day 2 of the confirmation hearings for SCOTUS nominee Elena Kagan, highlights some of her amusing answers to questions from the Senate Judiciary Committee: She cracked up senators and the audience alike...
Puzzling through the doctrine and dicta of McDonald on the Second Amendment's limits
Posted on June 28, 2010As regular readers know, I have always had a hard time squaring the Heller opinion's doctrinal embrace of an individual Second Amendment right to keep and bear arms for self-defense with its dicta suggesting that former felons can still be...
The Pepper cert grant and post-sentencing rehabilitation as a sentencing factor
Posted on June 28, 2010As noted in this earlier post, this morning the Supreme Court granted cert in Pepper v. United States (docket here), which will call for a review of this Eighth Circuit opinion. Though I have not yet tracked down the cert...
"Nightmare of federal sentencing guidelines"
Posted on June 28, 2010The title of this post is the headline of this new commentary by Bob Barr in the Atlanta Journal Constitution. Here are a few excerpts which highlight how Barr uses a recent high-profile white-collar sentencing to make his points about...
Fourth Circuit opinion reverses sentence when district judge refused to consider acquitted drug conduct
Posted on June 28, 2010A notable circuit sentencing opinion today from the Fourth Circuit in US v. Young, No. No. 08-4117 (4th Cir. June 28, 2010) (available here), provides a little twist on the usual circuit approval of sentencing consideration of acquitted conduct. Here...
The likely state criminal litigation impact of McDonald and state applications of the Second Amendment
Posted on June 28, 2010Even before having a chance to skim the Supreme Court's important McDonald ruling concerning the application of the Second Amendment to the states, I can already predict one of its likely (and most consequential?) impacts: lots of state court litigation...
SCOTUS takes up long-running federal sentencing case from Eighth Circuit
Posted on June 28, 2010It appears that among the cert grants from the Supreme Court this morning is Pepper v. United States (docket here), which will call for a review of this Eighth Circuit opinion. This Pepper case appears to have gone up and...
SCOTUS decides Second Amendment applies to the states in 5-4 opinion
Posted on June 28, 2010Here is the early report from SCOTUSblog on the long-anticipated McDonald Second Amendment incorporation decision: Alito announces McDonald v. Chicago: reversed and remanded. Gun rights prevail. The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized...
"Juvenile Life Without Parole (JLWOP): An Antidote to Congress?s One-Way Criminal Law Ratchet?"
Posted on June 27, 2010The title of this post is the title of this forthcoming article by Scott Hechinger, which appears to be among the first major pieces of scholarship seeking to take stock of the LWOP landscape in the wake of the Supreme...
Conceiving compelling criminal justice questions for the Kagan confirmation hearings
Posted on June 27, 2010It is always possible that some folks involved in the Kagan confirmation hearing might sometime check out this blog, and it is certainly likely these folks have not given too much time or attention to criminal justice issues because Elena...
Texas state judge schedules hearing on whether there is real risk of executing the innocent
Posted on June 26, 2010This local story from Texas, headlined "Texas judge to hold hearing on death penalty law," reports that a state judge has scheduled a hearing for this fall that could quickly become a focal point for debate over wrongful convictions in...
A (record?) long probation sentence for Florida lawyer who stole from his clients
Posted on June 26, 2010This local story out of Florida, which is headlined "Disbarred Boca lawyer sentenced to 25 year probation for taking $577,000 of clients' money," has me wondering if anyone know the longest sentence of probation ever imposed. Here are the particulars...
Alleged hacker learning severe punishment can follow federal plea refusal
Posted on June 25, 2010Anyone familiar with federal sentencing realities knows that, at least in some cases, a defendant's decision to refuse the first plea deal offered by prosecutors can result in a severe increase in the sentencing stakes. This new Wired story, which...
"The Plea Jury"
Posted on June 25, 2010The title of this post is the title of this terrific and provocative new article by Laura Appleman now appearing in the Summer 2010 issue of the Indiana Law Journal. Here is the abstract: This Article argues that it is...
A notable Sixth Circuit concurrence lamenting Dillon and modern severity
Posted on June 25, 2010Concurring in a Sixth Circuit panel decision today in US v. Robinson, (6th Cir. June 25, 2010) (available here), Judge Merritt assails the Supreme Court's crack retroactivity ruling in Dillon last week and broadly laments current federal sentencing realities...
As Kagan confirmation hearings are set begin, do sentencing fans have any new SCOTUS insights?
Posted on June 25, 2010Elena Kagan is the first SCOTUS nominee in a long time without any judicial record and without any history of engagement in criminal justice matters. In light of that reality, the run-up to her confirmation hearings have been largely devoid...
"Clean Slate: Expanding Expungements & Pardons For Non-Violent Federal Offenders"
Posted on June 24, 2010The title of this post is the title of this new article by Lahny Silva now available via SSRN. Here is the abstract: Over the past forty years, the United States Congress has passed legislation expanding the federal criminal code...
Fascinating data on recent trends and circuit specifics for federal child porn sentences
Posted on June 24, 2010A few weeks ago, US District Judge Gregory Presnell asked whether I had any detailed or circuit-specific data regarding federal sentences for child porn offenses. I responded that the US Sentencing Commission would be the place to get such data,...
Notable talk about possible sentencing reforms in Pennsylvania
Posted on June 24, 2010The Pittsburgh Post Gazette has this interesting new piece headlined "Lawmakers seek sentencing reform to cut prison population," discussing possible sentencing reforms in Pennsylvania. Here is how the piece starts: Some Senate and House members want to enact new alternative...
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Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
Can i sue my employer for breach of Contract?
i would suggest you get professional advice
from what you have put here yo...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
Can i sue my employer for breach of Contract?
i would suggest you get professional advice
from what you have put here yo...
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