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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.
Is anyone still preserving Apprendi/Blakely challenges to judge-determined restitutional awards?
Posted on April 28, 2010Thanks to the Supreme Court deciding only civil cases this week, I have finally found time to read the argument transcript from last week's SCOTUS oral argument in Dolan v. US (which is available at this link). There are lots...
Ninth Circuit to review en banc whether Washington's disenfranchisement of felons violates the VRA
Posted on April 28, 2010As detailed in this prior post, back in January a split Ninth Circuit panel in Farrakhan v. Gregoire, No. 06-35669 (9th Cir. Jan. 5, 2010) (available here), ruled that Washington's felon disenfranchisement law violates the federal Voting Rights Act. At...
With more SCOTUS opinions coming this week, will April include a sentencing blockbuster?
Posted on April 27, 2010The Supreme Court has announced that it will be handing down new opinions this morning (and tomorrow morning), which means we could be getting one or more decisions in some of the big criminal cases still pending. Because I will...
Triple-digit sentence for child molester
Posted on April 27, 2010In case anyone was concerned that only white-collar offenders received triple-digit sentences, this local story about a state sentencing of a child molester should provide a useful reality check. Here are excerpts of note from the story: Receiving what could...
"FAMM Condemns Mandatory Life Sentence for NV Woman"
Posted on April 27, 2010The title of this post is the heading of this new press release from the folks at Families Against Mandatory Minimums in response the the remarkable Nevada sentencing story discussed in this prior post. Here is an excerpt from the...
"Fixing the Prison Health Care System Through Changes in Punishment"
Posted on April 27, 2010The title of this post is the title of this new piece on SSRN that might be of special interest to policy-makers and prison officials in California who are trying to get out from under various court-ordered requirements to improve...
Interesting Padilla echo in Second Circuit ruling
Posted on April 27, 2010The Second Circuit has an interesting ruling today in US v. Cerna, No. 09-1170 (2d Cir. Apr. 27, 2010) (available here), which seems to reflect the echoes of the Supreme Court's important recent ruling in Padilla concerning effective assistance to...
Eleventh Circuit rejects various constitutional challenges to federal child porn convictions
Posted on April 27, 2010The Eleventh Circuit has a notable ruling today in US v. Paige, No. 09-13067 (11th Cir. Apr. 27, 2010) (available here), which rejects various constitutional challenges to various federal child porn convictions. Here is how the opinion begins: Robert D...
"Trial Penalties in Federal Sentencing: Extra-Guidelines Factors and District Variation"
Posted on April 26, 2010The title of this post is the title of this new must-read empirical work available via SSRN and in print in Justice Quarterly. Here is the abstract: The guarantee of the right to a jury trial lies at the heart...
Should sentencing fans be rooting for a non-judge replacement for Justice Stevens?
Posted on April 26, 2010The question in the title of this post is prompted by this effective new piece in The National Law Journalby Tony Mauro, which is headlined "Pressure Grows to Pick a Nonjudge for the High Court: All nine justices on the...
House bill to create "National Criminal Justice Commission" to be rolled out tomorrow
Posted on April 26, 2010This new press release from the office of Representative Bill Delahunt (D-MA) reports on a notable legislative development to be formally annouced at a press conference tomorrow. Here are the details: U.S. Reps Bill Delahunt (D-MA), Darrell Issa (R-CA), Marcia...
"California Case Spotlights Dysfunctional Death Penalty"
Posted on April 26, 2010The title of this post is the headline of this new ABC News piece providing a follow-up to the plea bargained resolution of the high-profile Chelsea King prosecution. Here is how the piece starts: Chelsea King's parents reluctantly agreed to...
New litigation laboratory for criminal justice federalism with Arizona immigration law
Posted on April 26, 2010The big news lately in the debate over immigration from from Arizona thanks to its recent passage of a controversial immigration-enforcement bill. Based on what I have seen and read, the new law almost reads like a law professor's exam...
SCOTUS to examine California law banning sale of violent video game to minors
Posted on April 26, 2010As detailed in this new SCOTUSblog post, the Supreme Court this morning announced that it will review the constitutionality of another law that seek to prohibit access to certain forms of violent "speech." Here are the details thanks to Lyle...
"More Former AGs Question Sentence Sought in Bank Fraud Case"
Posted on April 26, 2010The title of this post is the headline of this new item over at The Blog of Legal Times, which is reporting on some of the latest news involving a high-profile upcoming sentencing. Here are some of the details: More...
Tough in juves, but very soft on repeat drunk drivers in Florida
Posted on April 25, 2010If one only follows the docket of the Supreme Court, where the Justices are now considering the constitutionality of two Florida life without parole sentences for teenagers who did not kill, one might think that Florida is the toughest sentencing...
Shouldn't we celebrate condemn's request that he "would like the firing squad, please"?
Posted on April 24, 2010I am intrigued by the media attention being given to a Utah death row defendant's decision to select the firing squad as a method for his execution. Here are the details from this Salt Lake Tribune account: Shackled at his...
"Documentation, Documentary, and the Law: What Should be Made of Victim Impact Videos?"
Posted on April 24, 2010The title of this post is the title of this interesting new piece on SSRN from Regina Austin. Here is the abstract: Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases...
Anyone want to discuss the Ben Roethsliberger "sentencing"?
Posted on April 24, 2010I am not sure if it is even wise to discuss or debate the NFL's six-game suspension of Ben Roethsliberger in sentencing terms. But on the reasonable assumption that some sentencing fans might have some sentencing-relevant reaction to how Big...
"Federal Judges Still Finding Their Way in Post-'Booker' Sentencing Landscape"
Posted on April 23, 2010The title of this post is the headline of this new article by Mary Pat Gallagher in the New Jersey Law Journal. Here is how it gets started: Five years after the Supreme Court held that the federal sentencing guidelines...
"Ohio considers using Twitter to announce executions"
Posted on April 23, 2010The title of this post is the headline of this new story out of Ohio. Here are the details: A spokeswoman says Ohio's prison system has contemplated using Twitter to announce when an execution has been completed. However, Communications Director...
Questionable(?) DC Circuit ruling on safety-valve burden of proof
Posted on April 23, 2010The DC Circuit has a very intriguing little opinion this morning in US v. Gales, No. 08-3040 (DC Cir. Apr. 23, 2010) (available here), concerning burdens of proof and eligibility for statutory safety valve relief from an applicable mandatory minimum....
Comdemned battered female murderer raising interesting issues in Tennessee
Posted on April 23, 2010This notable new local editorial, which is headlined "Bredesen holds complex case; Gaile Owens poses a challenge: Abuse and a co-defendant figure into the fate of a Bartlett woman who hired her husband's killer," spotlights a capital case and debate....
Go West, Young Pot Dealer!
Posted on April 23, 2010This local sentencing story out of Buffalo, which is headlined "Pot dealer banished from state by judge," prompted the green-leaf twist on the famous Hoarce Greeley saying in the title of this post. Here are the details: Brian M. Renaud,...
"Judge Who Sentenced Madoff Confirmed to 2nd Circuit"
Posted on April 22, 2010The title of this post is the headline of this report at The Blog of Legal Times, which details that the "Senate today unanimously confirmed Judge Denny Chin to the U.S. Court of Appeals for the 2nd Circuit." I find...
Another high-profile murder case ends in a plea deal to avoid the death penalty
Posted on April 22, 2010As detailed in this AP article, one man "accused in the killing of a student body president at University of North Carolina's flagship campus pleaded guilty to federal crimes Monday, avoiding a death penalty case prosecutors were pursuing." Here are....
Interesting discussion of state juve bind-over procedures
Posted on April 22, 2010This local piece out of Denver, which is headlined "Children behind bars: Why Colorado is trigger-happy when it comes to sentencing kids like Alan Sudduth as adults," provides an interesting discussion of concepts with allowing state prosecutors to unilaterally decide...
"Sanford backs plan to put fewer non-violent offenders in prison"
Posted on April 22, 2010The title of this post is the headline of this new article concerning proposed prison reforms in South Carolina. Here are the particulars: Gov. Mark Sanford formally threw his support behind a far-reaching sentencing reform bill Wednesday, a bill that...
Some notable new developments in the Polanski prosecution
Posted on April 22, 2010As detailed in this AP article, "An appeals court on Thursday denied a petition by Roman Polanski's victim to dismiss the three-decade-old sex case against the director." Here's more: The California Second District Court of Appeal denied the petition by...
Research review showing home leave and work release can reduce recidivism
Posted on April 21, 2010In light of on-going concern with recidivism rates and interest in effective re-entry programming, this paper newly available via SSRN should be on a reading list for everyone interested in evidence-based sentencing reforms. The paper is titled "Reconsidering the Effectiveness...
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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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