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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.
Fascinating report on backstory behind presidential pardon problems
Posted on April 21, 2010This new post at Main Justice, which is headlined "Despite Efforts, Pardon System Still Unchanged," provides some new and notable details about discussion and debate over pardon policy inside the Obama Administration. Here are excerpts: Behind closed doors Justice Department...
Notable UK court ruling on human rights attack on sex offender registry
Posted on April 21, 2010Because I know almost nothing about UK law and procedure, I cannot quite tell if this new story from The Guardian is a just notable or really huge. Still, its headline alone caught my attention: "Sex offenders win appeal against...
New LDF report on the impact of felon disfranchisement laws
Posted on April 21, 2010I received via e-mail a press release from the NAACP Legal Defense and Educational Fund linking me to a new report on felon disenfranchisement. Here is the start of the press release: Today, the NAACP Legal Defense and Educational Fund...
Should we care that Cameron Douglas, though sentenced to 5 years in prison, will likely be out in 2012?
Posted on April 21, 2010I had a wonderful discussion with my sentencing class this morning about the realities of the Cameron Douglas sentencing and his forthcoming prison term. We discussed the legal reality that, because parole was eliminated from the federal sentencing system via...
SCOTUS to keep us waiting for juve LWOP rulings in Graham and Sullivan
Posted on April 21, 2010As detailed in this post late last week, I thought there was a real chance that the Supreme Court might this week finally issue rulings in Graham and Sullivan, the two juve LWOP Eighth Amendment cases from Florida which were...
"Becoming Justice Stevens: How and Why Some Justices Evolve"
Posted on April 21, 2010The title of this post is the title of this interesting new FindLaw commentary by Professor Michael Dorf, which includes a section sub-titled "The Death Penalty: Justice Stevens's Recent Change of View." In addition, here are the first few paragraphs...
Interesting report on long state sentence for child porn offense
Posted on April 21, 2010At the same time I have been following closely the debates and controversies over long child porn offense sentence in the federal system, I have been wondering how (and how many) such cases are handled at the state level. On...
Noting SCOTUS disinterest in juve priors as basis for enhanced adult sentence
Posted on April 20, 2010The fact that the Supreme Court could soon announce new constitutional principles for sentencing juvenile offenders in in the pending Graham and Sullivan cases makes extra interesting the Justices' decision to deny cert in a case concerning juve priors and...
Seeking advice on how best to "celebrate" 4/20 day as a law professor
Posted on April 20, 2010As perhaps many readers may already know, today is so-called 4/20 day , which is described this way on Wikipedia: April 20 ("4/20" in U.S. date notation) has evolved into a counterculture holiday, where people gather to celebrate and consume...
Third Circuit finds (way) below-guideline crack sentence unreasonable
Posted on April 20, 2010In a lengthy opinion that covers lots of reasonableness review topics, a Third Circuit panel today in US v. Merced, No. 09-1844 (3d Cir. Apr. 20, 2010) (available here), reverses a 60-month sentence given to a crack offender with a...
Does a key line in Stevens foreshadow the demise of "honest-services" fraud statute?
Posted on April 20, 2010I found Chief Justice Roberts opinion for the Supreme Court in the Stevens "animal porn" case (basics here) to be a pleasure to read for a number of reasons (including my discovery that my new iPad is great for reading...
Ohio completes another successful one-drug lethal injection execution
Posted on April 20, 2010As detailed in this local press report, which is headlined "Teen's killer executed as victim's mother watches," Ohio completed this morning what I believe is its fifth "uneventful" execution using its one-drug lethal injection protocol. Here are the basic detail:...
SCOTUS affirms unconstitutionality of federal "animal porn" prohibition in Stevens
Posted on April 20, 2010In the only opinion handed down this morning, the Supreme Court today in United States v. Stevens, No. 08-769 (available here), affirmed the Third Circuit's judgment that 18 U.S.C. § 48, which criminalizes certain depictions of animal cruelty, is unconstitutional...
New coverage of FSR at the website of the Vera Institute of Justice
Posted on April 20, 2010I am pleased to be able to spotlight that the terrific Center on Sentencing & Corrections at the Vera Institute of Justice has created this new webpage featuring the work of the Federal Sentencing Reporter. Alison Shames, the Associate Director...
Is seeking a fourth death sentence a sound use of limited state resources?
Posted on April 20, 2010The question in the title of this post is prompted by this effective local story out of California, which is headlined "Mounting costs to try killer Duncan for slaying of Beaumont boy fuel debate since death sentence awaits Duncan elsewhere."...
"Did Michael Douglas' Son Get Celeb Treatment With Reduced Sentence?"
Posted on April 20, 2010The title of this post is the headline of this hard-hitting report from the folks who are not afraid to ask the tough questions at E! Online. Here's more: Sure, having a movie star father might have contributed to getting...
SCOTUS discusses restitution deadlines in Dolan
Posted on April 20, 2010As a fan of sentencing options beyond just incarceration, I am probably one of a very small group of sentencing geeks excited to find time this evening to read the transcript from today's SCOTUS oral argument in Dolan v. US....
Cameron Douglas sentenced to five years for federal drug offense
Posted on April 20, 2010This New York Daily News report and this New York Times piece provide some noteworthy details from today's celebrity federal sentencing in NYC. From the Daily News: Cameron Douglas -- son of Michael Douglas and grandson of Kirk Douglas --...
What's the status of crack/powder sentencing reform in the House?
Posted on April 19, 2010As detailed in this post, just over a month ago the full US Senate unanimously approved legislation to reduce (but not eliminate) the notorious 100:1 ratio in the amount of powder cocaine versus crack cocaine that trigger statutory mandatory minimum....
An intriguing week on tap for SCOTUS and sentencing fans
Posted on April 19, 2010The Supreme Court is back from its latest break today, and this SCOTUSblog post details the Justices' basic agenda for hearing arguments. Of the four arguments on tap for this week, at least two should be of special interest for...
Serious talk of a broad drug dealer registry in Massachusetts
Posted on April 19, 2010This interesting local article, which is headlined "Registry for drug dealers debated," suggests there is some serious support for a broad registry for certain drug offenders in Massachusetts. Here are the details: Legislation proposing to create a registry for convicted...
The notable contrast in Arizona and Texas prison population trends
Posted on April 19, 2010Yesterday's Arizona Republic had this long and effective article on prison populations, which was headlined "Ariz. aims to cut prison costs; in Texas, a new approach." Here is how it gets going: While the U.S. prison population is declining for...
"Suicide watch stepped up for Death Row inmate"
Posted on April 19, 2010The title of this post come from the headline of this story in this morning's Columbus Dispatch. Here are the details as I am contemplate whether I should be concerned that perhaps more of my tax dollars are now being...
Great coverage of "Marijuana & Money" at CNBC
Posted on April 19, 2010CNBC has a huge new special report on marijuana now appearing on it website. The Editor's Introduction to the coverage, which includes links to lots of articles on lots of legal (and non-legal issues), starts and ends this way: The...
Fascinating little expungement ruling concerning Second Amendment rights from the Sixth Circuit
Posted on April 19, 2010The Sixth Circuit has a fascinating little ruling today concerning expungement and gun rights today in US v. Carey, No. 09-3399 (6th Cir. Apr. 19, 2010) (available here). Here is the heart of the defendant's argument in Carey as explained...
New USSC amendments expanding prison alternatives and addressing certain offender characteristics
Posted on April 19, 2010As detailed in this just posted official press release, the United States Sentencing Commission has "voted to promulgate sentencing guideline amendments that expand the availability of alternatives to incarceration and address the relevance of certain specific offender characteristics in sentencing...
Effective early commentary on SCOTUS ruling in Padilla
Posted on April 17, 2010This weekend's must-read comes via this link at SSRN to a new piece by Margaret Colgate Love and Gabriel Chin concerning the Supreme Court's important decision late last month in Padilla v. Kentucky. The piece is forthcoming in the May...
The significant (and valuable) role of California's death penalty in the Chelsea King case
Posted on April 17, 2010As regular readers may know, I consider the death penalty's role as a catalyst for resoving difficult murder cases via pleas to lesser sentences to be one of the least appreciated and most important justifications for preserving this ultimate punishment...
State prosecutors arguing against rights of victim in Polanski case
Posted on April 17, 2010As detailed at this link, tomorrow officially starts National Crime Victims? Rights Week (NCVRW), which has been a special week designated by the US Department of Justice for "promoting victims? rights and honoring crime victims and those who advocate on...
Notable Seventh Circuit opinion upholding 90-month sentence for child porn downloader
Posted on April 16, 2010While on the road yesterday, I mised a notable Seventh Circuit panel ruling inwhich upholds a relatively lengthy (but still slightly below-guidelines) sentence for a (relatively sympathetic?) downloader of child porn. The opinion in US v. Pape, No. 09-35413 (7th...
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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...
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It seem sin your case that the fact you filed the complaint prior to being dissa...
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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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