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Criminal Law

Sentencing Law and Policy 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

Recent Entries: 4815

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Another notable Ponzi schemer up for federal sentencing this week

Posted on June 07, 2010
As detailed in this local article from Florida, which is headlined "Rothstein?s abuse of legal system looms large in sentencing," another big federal sentencing of another big Ponzi schemer is on tap for this week. Here are the basics: He...


SCOTUS certification in Juvenile Male: a passive virture that only a Bickel fan could love?

Posted on June 07, 2010
The SCOTUS ruling today concerning the calculation of good-time credits in Bareber v. Thomas (basics here, comments here) is clearly the biggest sentencing story of the day. But I cannot help but be really intrigued by the Supreme Court's per...


"Bernie Madoff, Free at Last"

Posted on June 07, 2010
The title of this post is the headline of this long new article in New York magazine about life in prison is like for everyone's favorite Ponzi-schemer scoundral. (Hat tip: The WSJ Blog.) This piece looks very buzz-worthy, as its...


Connecticut governor vetoes bill which would have created a state sentencing commission

Posted on June 07, 2010
This local storyfrom Connecticut, which is headlined "Rell vetoes bill to create sentencing commission," reports on an interested sentencing development from the Nutmeg State. Here are the details: Gov. M. Jodi Rell vetoed a bill today that would have created...


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New articles of note from The National Law Journal

Posted on June 07, 2010
Thanks to law.com, we can all freely access these two notable new pieces from the National Law Journal: "DOJ Criminal Probe of Oil Spill Could Hang Up Civil Suits" "1st Circuit Expands Trial Courts' Discretion Over Resentencing"


Ninth Circuit allows for Bivens suit against operator of private federal prison

Posted on June 07, 2010
Addressing an issue that has the smell of a future cert grant, a Ninth Circuit panel today in Pollard v. Geo Group, Inc., No. 07-16112 (9th Cir. June 7, 2010) (available here) allows a Bivens action to go forward against...


Fascinating sentencing dogs that did not end up barking in Barber

Posted on June 07, 2010
The fact that many folks went to law school in order to avoid math may itself ensure that the Supreme Court's decision today in Barber v. Thomas concerning the calculation of prisoner good-time credits (basics here) does not get all...


Interesting state certification "dodge" to deal with juve SORNA case from Montana

Posted on June 07, 2010
I am intrigued (and I think pleased) that the Supreme Court this morning in US v. Juvenile Male decided to deal with a complicated issue involving retroactive application of a federal sex offender notification provision for adjudicated juvenile delinquents by...


SCOTUS upholds BOP's method for calculating good time credits in Barber v. Thomas

Posted on June 07, 2010
SCOTUS watchers will likely be disappointed that the Justices did not hand down any of its big pending opinion this morning. But federal prisoners should be even more disappointed that the one criminal justice opinion in an argued case that...


Charlie Sheen plea deal includes creative (and dramatic?) sentencing provisions

Posted on June 07, 2010
This new CNN report, which is headlined "Charlie Sheen's sentence could include theater internship," details an interesting aspect of a high-profile celebrity sentencing taking place in Aspen today. Here are the details: Charlie Sheen will stand before a judge Monday...


"California has high hopes of reinstating death penalty"

Posted on June 06, 2010
The title of this post is the headline of this front-page story from the Sacramento Bee. Here is how the piece gets started (and click here for a larger version of the graphic that accompanies the piece): When Caryl Chessman...


"Ghostwriting: Filling in the Gaps of Pro Se Prisoners' Access to the Courts"

Posted on June 05, 2010
The title of this post is the title of this interesting new piece by Ira Robbins available via SSRN. Here is the abstract: Compared with other litigants, pro se prisoners are at an inherent disadvantage when they try to vindicate...


Noting the Sixth Circuit poor habeas record when SCOTUS notices

Posted on June 05, 2010
Thanks to How Appealing, I saw that the The Daily Journal of California has this notable new piece headlined "6th Circuit Takes Lead As Most Reversed Appeals Court." Here is how it begins: The San Francisco-based 9th U.S. Circuit Court...


Which still-pending SCOTUS case are you most anticipating?

Posted on June 04, 2010
The Supreme Court is expected to hand down some more opinions next Monday, and all of its pending cases should result in decisions before the end of this month. Here are five cases (actually, four cases and one set of...


"Assistant public defender charged in attack on prosecutor"

Posted on June 04, 2010
The title of this post is the headline of this local story from Chicago. And though violent crime should never be taken lightly, this story seems to be amusing to some because of the participants: A Cook County assistant public...


Ohio governor communtes death sentence for next in line for execution

Posted on June 04, 2010
As detailed in this new Columbus Dispatch article, which is headlined "Strickland grants clemency to killer," it appears that Ohio will not have its now usual monthly execution in June. Here is why: Gov. Ted Strickland has decided to spare...


Interesting Fourth Circuit opinion affirming Virginia death sentences for female double-murderer

Posted on June 04, 2010
The Fourth Circuit's panel decision today in Lewis v. Wheeler, No. 09-4 (4th Cir. June 4, 2010) (available here), first caught my eye because the case involves a habeas appeal of two death sentences imposed in Virginia on a woman...


"The Crunch in Federal Prisons"

Posted on June 03, 2010
The title of this post is the headline of this effective new article from The Crime Report. The piece carries this sub-head: "More prisoners are doing federal time than ever, but Congress isn?t allocating enough funds to pay for them....


Defendant experiences another reversal of ACCA fortunes via Fourth Circuit's reversal

Posted on June 03, 2010
The Fourth Circuit has an interesting ruling today in US v. Pettiford, No. 09-4119 (4th Cir. June 3, 2010) (available here), which reverses a district court's decision to reduce an ACCA sentence by granting relief in a 2255 action. Here...


BJS reports first decline in jail population in modern mass incarceration era

Posted on June 03, 2010
This new press release from DOJ's Bureau of Justice Statistics provides an interesting report on a new accounting of our nation's jail populations: As of midyear 2009, 767,620 inmates were held in custody of county and city jail authorities, the...


Ohio Supreme Court declares unconstitutional changes to state sex offender rules pushed by feds

Posted on June 03, 2010
The Ohio Supreme Court handed down an intriguing sex offender registration ruling this morning in State v. Bodyke, No. 2010-Ohio-2424 (June 3, 2010) (available here). The Ohio Supreme Court does everyone the favor of producing an official press release with...


Texas (and Ohio) helps keeps US execution pace rapid in 2010

Posted on June 03, 2010
As detailed in this AP report, Texas yesterday executed George Jones "for the fatal shooting of a Dallas man during a carjacking 17 years ago." This execution was "the 12th this year in the nation's busiest death penalty state" and...


A helpful reminder that Americans don't know much about SCOTUS members

Posted on June 03, 2010
A great old Sam Cooke song came to mind as I read this press release reporting on the lack of knowledge of who is on the US Supreme Court. (Hat Tip: The Volokh Conspiracy.) Here are the basics, with a...


Big sentencing changes become law in South Carolina

Posted on June 03, 2010
As detailed in ths local report, which is headlined "New law changes criminal sentencing," the Palmetto State has just completed an impressive bit of modern sentencing reform. Here are the basic details: South Carolina has a new way of dealing...


Notable comments on potential cost savings from AG Eric Holder at drug court conference

Posted on June 03, 2010
The DOJ website has posted here remarks delivered today by Attorney General Eric Holder at the annual conference of the National Association of Drug Court Professionals. The whole speech is worth reading for criminal justice fans, and these snippets seemed...


Debate across the pond on sentencing and sentencing guidelines

Posted on June 03, 2010
A helpful reader sent me this interesting story from The Times, which is headlined "Sentencing Council: judges told that justice is safe from ?tramline? sentencing." The piece is intrguing not only because it details the recent history of sentencing reform...


Does anyone have any experience with the BlogWorld conference?

Posted on June 03, 2010
I just got an e-mail inviting me to take advantage of early bird registration for the 2010 BlogWorld & New Media Expo and Conference taking place this October in Las Vegas. Since I am always eager to have an excuse...


Charlie Sheen cuts a plea deal to cut down his jail time for assaulting his wife

Posted on June 02, 2010
As detailed in this hard-hitting E! Online report, which is headlined "Charlie Sheen Makes a Deal; Will Go to Jail," Charlie Sheen is going to spend part of his summer in the slammer. Here are the details: Charlie Sheen is...


New EJI report on racial discrimination in jury selection

Posted on June 02, 2010
As detailed in this new New York Times article, which is headlined "Study Finds Blacks Blocked From Southern Juries," the folks at the Equal Justice Initiative have released a new report on racial discrimination in jury selection. This EJI release...


"Data Accuracy the Next Frontier in Criminal Justice"

Posted on June 02, 2010
The title of this post is the headline of this intriguing piece from The Legal Intelligencer. Here is how the piece gets started: The job of leaders in the criminal court system is to carry out justice, and accurate information...


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