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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.
"Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment"
Posted on June 20, 2010The title of this post is the title of this intriguing new piece by Harry Caldwell and Jennifer Allison available here via SSRN. Here is the abstract: This Article offers a 50-state survey of robbery statutes, specifically examining the charging...
In praise of the US Sentencing Commission and hopeful about federal sentencing's future
Posted on June 19, 2010As I continue a too-long trek back from the US Sentencing Commission's big national conference in New Orleans, I wanted to do this quick post to praise the USSC's continuing efforts to enable sentencing data and the voices of judges...
Utah completes firing squad execution without any difficulties
Posted on June 18, 2010As detailed in this ABC News report, which is headlined "Ronnie Lee Gardner Executed by Firing Squad in Utah," an uncommon execution method seemed to go off without a hitch in Utah. Here is how this article begins: After a...
Might Sarah Palin's sensible points about pot get the Tea Party and others to push for sensible drug reforms?
Posted on June 18, 2010I have suggested to anyone who would listen that persons seriously interestes in drug sentencing reform should seriously urge folks like Sarah Palin and other tea-party-types to turn their anti-big-government sentiments toward the problems produced by big government involvement in...
Eleventh Circuit finds Georgia procedure for implementing Atkins unconstitutional
Posted on June 18, 2010An Eleventh Circuit panel has a fascinating ruling today in Hill v. Schofield, No. 08-15444 (11th Cir. Jun. 18, 2010) (available here), concerning Georgia procedures for implementing the Atkins ruling prohibiting the execution of mentally retarded persons...
"Experts argue firing squad is a humane execution"
Posted on June 17, 2010The title of this post is the headline of this interesting new AP article. Here are some excerpts: A condemned Utah inmate's decision to die in a barrage of bullets fired by five unnamed marksmen has been vilified by many...
"The Impact of Juvenile Transfer Laws on Juvenile Crime"
Posted on June 17, 2010The title of this post is the title of this notable new empirical paper now available via SSRN. Here is the abstract: We analyze the effects on juvenile crime of tougher state laws governing the transfer of juveniles to the...
Updating the continuing debate over Lynne Stewart's upcoming resentencing
Posted on June 17, 2010This new article in the New York Law Journal, which is headlined "Perjury Charge Is Focus of Debate Over Lynne Stewart Resentencing," provides the latest news in the long-running controversy surrounding the sentencing of noted defense attorney Lynne Stewart...
Notable dicta in Quon case that might impact (now common?) sex offender restrictions
Posted on June 17, 2010In addition to the Dilloncrack retroactivity ruling (basics here and here), the other criminal justice decision from the Supreme Court today came in City of Ontario v. Quon (available here). Quon concerns various Fourth Amendment issues surrounding a state police...
Percy Dillon's loss is sure to be other future defendants' gain
Posted on June 17, 2010Though I feel bad for Percy Dillon and other defendants hoping to get an extra benefit from the US Sentencing Commission's lowered crack guidelines, Percy's loss in the Supreme Court today will likely prove to be a good thing for...
SCOTUS rules 7-1 against defendant in crack retroactivity case
Posted on June 17, 2010Fittingly, the Supreme Court this morning has handed down its biggest federal sentencing ruling this Term with a decision against the defendant in Dillon just as the big annual US Sentencing Commission conference gets started. I will comment on the...
So much going on today...
Posted on June 17, 2010I am a bit overwhelmed. My day will be consumed with the US Sentencing Commission conference in New Orleans (basics here). But I have a nagging feeling that the Supreme Court will do something notable this morning that will draw...
An echo of Graham in Michigan sentencing of young juve killer?
Posted on June 17, 2010The title of this post is prompted by this local story from Michigan, which is headlined "DeMarco Harris, 13, spared from life sentence." Here are the details from the start of the article: A 13-year-old convicted of fatally shooting a...
In the Big Easy at USSC conference to talk about whether departures are going to be easier
Posted on June 16, 2010I made the trek this morning down to New Orleans to attend this year's Annual National Seminar on the Federal Sentencing Guidelines presented by the US Sentencing Commission. The full agenda of the with seminar information concerning all the festivities...
"Judges Give Thumbs Down to Crack, Pot, Porn Mandatory Minimums"
Posted on June 16, 2010The title of this post is the headline of this effective article by Marcia Coyle in today's National Law Journal reporting on some of the highlights of the US Sentencing Commission's recently released results from a survey of federal district...
"A Good Day for Judicial Discretion" (though I would say "Equitable Principles")
Posted on June 15, 2010The first part of the title of this post is the headline of this intriguing New York Times editorial discussing some of the Supreme Court's rulings yesterday. Here is how the piece starts and ends: Equity is an elusive legal...
Texas finally executes murderer who had looooong stay on death row
Posted on June 15, 2010As detailed in this AFP report, which is headlined "Texas executes convicted cop killer 32 years on," the busiest death penalty state finally executed a defendant for a cop killer who committed him crime during the Carter Administration. Here are...
Despite Graham ruling, Florida prosecutors have violent teen on path to LWOP sentence
Posted on June 15, 2010This local article from Florida, which is headlined "Teen faces adult charge, contrary to high-court ruling," reports on an interesting case stuggling to deal with the aftermath of the Supreme Court's landmark Eighth Amendment ruling last month in Graham...
Effective commentary on DOJ's new charging and sentencing policy
Posted on June 15, 2010Now available free on-line is this effective commentary by Alan Vinegrad in the New York Law Journal from last week headlined "Justice Department's New Charging, Plea Bargaining and Sentencing Policy." Here is how the piece begins: On May 19, 2010,...
SCOTUS confirmation that the prior conviction excpetion to Apprendi is here to stay
Posted on June 14, 2010Sentencing and clemency guru Margaret Colgate Love wrote me today to suggest that the biggest sentencing news coming from all today's SCOTUS action (basics here) is to be found in the immigraion case Carachuri-Rosendo v. Holder (available here). In Carachuri-Rosendo,...
Restitution, victims' rights, and a classic battle of law versus equity with a twist
Posted on June 14, 2010The more I reflect on the Justices' work today in the Dolan restitution ruling (available here), the more I think the myriad legal issues surrounding restitution and victims' rights at sentencing will be confounding lower courts and SCOTUS for years....
What exactly happens now with the litigation over California's prison problems?
Posted on June 14, 2010I am a bit perplexed by what the Supreme Court did this morning in response to the appeal of the California prisoner litigation coming from the Ninth Circuit. Here is the full text of what SCOTUS said in its orders...
AEDPA, equitable tolling, and SCOTUS "umpires" with empathy
Posted on June 14, 2010I may not get a chance until tonight to read closely the Supreme Court's opinions today in Holland v. Florida (available here). But I think it is worth an early comment that the Court's conclusion that the habeas corpus statute...
"Seriously ill sex offender may be electronically tagged"
Posted on June 14, 2010The title of this post is the headline of this notable story about a technocorrections sentence being considered in Ireland. Here are the details: A Wicklow man who sexually assaulted a 10-year-old girl may become one of the first offenders...
Lots of SCOTUS action for sentencing fans this morning
Posted on June 14, 2010In addition to the Dolan ruling noted here, the Supreme Court handed down two more opinions this morning that should be of interest to sentencing fans. Here are the SCOTUSblog early accounts: 09-5327, Holland v. Florida, Breyer writes again for...
Interesting Justices' voting line-up in Dolan restitution case
Posted on June 14, 2010The Supreme Court has handed down its opinion this morning in the Dolan restitution case, and in doing so it has shown yet again that sentencing issues are so much more interesting than so many other SCOTUS matters because how...
Effective media coverage of the new proposed federal sentencing guidelines
Posted on June 14, 2010The Philadelphia Daily News has this effective new piece headlined "Defendants could benefit from new federal sentencing guidelines." Here are excerpts: Current sentencing guidelines say that the age and medical condition of a defendant are "not ordinarily relevant" factors when...
"States start reducing solitary confinement to help budgets"
Posted on June 14, 2010The title of this post is the headline of this notable new piece from USA Today. Here are some of the details: State prison officials are reducing the number of offenders in solitary confinement ? once among the fastest-growing conditions...
NPR's interesting coverage of "The New Marijuana"
Posted on June 14, 2010I am just noticing how many interesting pieces that National Public Radio has put together here in a special series called "The New Marijuana." Here are just a few of the pieces that seem worth a listen: Do Looser Laws...
No clemency grant for Utah killer due to be executed by firing squad
Posted on June 14, 2010As detailed in this local story from Utah, "Ronnie Lee Gardner's firing squad execution became much more likely when a state board on Monday refused to commute his death sentence." I do not think this outcome is much of a...
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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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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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