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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 the mass media to blame for a distorted perceptions of criminal danger?
Posted on March 31, 2010The question in the title of this post is inspired by this interesting new piece published in Crime, Media, Culture: An International Journal, which is available via SSRN. The piece is titled "The Ambivalent Consequences of Visibility: Crime and Prisons...
"The Second Amendment and People with Medical Marijuana User Cards"
Posted on March 31, 2010The title of this post come from the title of this Eugene Volokh post over at his Conspiracy. The post combines two of my favorite hot topics, and here is how it starts: The AP reports that Steve Sarich ?...
Second Circuit rules NY Persistent Felony Offender law now clearly violates Blakely
Posted on March 31, 2010Via a lengthy ruling today in Besser v. Walsh, No. 05-4375 (2d Cir. Mar. 31, 2010) (available here), a panel of the Second Circuit has declared unconstitution New York state's Persistent Felony Offender sentencing law. Here is a key paragraph...
Padilla prevails in his ineffectiveness claim concerning plea advice
Posted on March 31, 2010Though the Supreme Court has not yet handed down the big juve LWOP Eighth Amendment case I have been eagerly awaiting, this morning the Justices did resolve the Padilla v. Kentucky case. Here is the initial SCOTUSblog account: We have...
"Supreme Court justices have a good time debating 'good time'"
Posted on March 31, 2010The title of this post is the headline of this CCN report on yesterday's Supreme Court argument in Barber v. Thomas (09-5201). Here's more: Sometimes the most complicated of cases at the Supreme Court brings out the best arguments. It...
Are California death sentences going up because of a lack of executions?
Posted on March 31, 2010The question in the title of this post is inspired by this new article from the San Francisco Chronicle, which is headlined "State death sentences rise as U.S. total falls." Here are the basics: As the number of death sentences...
New ACS issue brief on felon disenfranchisement
Posted on March 30, 2010I just received via e-mail this ACS Issue Brief on felon disenfranchisement by Deborah J. Vagins, Legislative Counsel for the Washington Legislative Office of the American Civil Liberties Union, and Erika Wood, Deputy Director of the Democracy Program at the...
What would be the right kind of sentence for teen bullies now prosecuted for classmate's suicide?
Posted on March 30, 2010The question in the title of this post is inspired by this notable story in today's New York Times, which is headlined "9 Teenagers Are Charged After Classmate?s Suicide." Here are some of the details: It is not clear what...
Sentencing day at the US Supreme Court
Posted on March 30, 2010This morning the Supreme Court will hear oral argument on two fascinating and important "back end" sentencing cases: Dillon v. US (09-6338) and Barber v. Thomas (09-5201). Because I was surprised that the Justices now took up the long-simmering issues...
"Obama backs secrecy for Bush pardon denials"
Posted on March 30, 2010The title of this post is the headline of this fascinating item posted by Josh Gerstein over at Politico. Here are the details While President Barack Obama has vowed to operate the most open and transparent administration in history, he...
"In the Drug War, Drugs Are Winning"
Posted on March 29, 2010The title of this post is the headline of this notable new commentary by Steve Chapman that a helpful reader sent my way. Here are excerpts: Mexico has been wracked by murders connected to the drug trade. Last year, it...
"Disentangling Child Pornography from Child Sex Abuse"
Posted on March 29, 2010The title of this post is the headline of this notable new paper now on SSRN from Carissa Byrne Hessick. Here is the abstract: Recent years have seen a significant increase in the criminal penalties associated with possession of child...
Details on Dillon as SCOTUS oral argument approaches
Posted on March 29, 2010Because there is so much that could be said about the crack guideline modification retroactivity issue that goes before the Supreme Court on Tuesday in the Dillon case, I am not sure where to start. The case directly involves or...
Is "medical parole" the best way to deal with California's high prison costs?
Posted on March 29, 2010The question in the title of this post is inspired by this notable new article in the Sacramento Bee, which is headlined "Watchdog proposes medical parole to cut California prison costs." Here are highlights from the interesting article: The man...
Valuable recent reviews of federal prision program realities
Posted on March 29, 2010I often refer people to Alan Ellis, a past president of NACDL who specializesin prison matters and postconviction remedies, whenever I am asked a hard question about federal prison programs. Alan is a co-author of the Federal Prison Guidebook, and...
Despite three strikes against prosecutors, prosecution of alleged murderer still not out
Posted on March 29, 2010With my sports brain now turning from March Madness to Opening Day, I could not help but think of a sports metaphor to describe this morning's ruling in the Sixth Circuit habeas case of Girts v. Yanai, No. 08-4592 (6th...
Not sure why comments are not showing up today....
Posted on March 28, 2010but I've now reported the problem to the magic tech wizards behind Typepad and hope the problem will resolve itself ASAP. My sincere appologies for anyone who has tried to post a comment only to see it vanish into cyberspace.
"Every time a killer is sentenced to die, a school closes"
Posted on March 27, 2010The title of this post is the provocative first sentence of this effective FoxNews article, which is headlined "Just or Not, Cost of Death Penalty Is a Killer for State Budgets." A subheading of the piece also coins the phrase...
Important and timely new paper on judicial sentence modification and early release
Posted on March 27, 2010Thus coming Tuesday, the Supreme Court will hear oral arguments in important "back end" sentencing cases: Dillon v. US (09-6338) and Barber v. Thomas (09-5201). Though I will preview these cases in some coming posts, both cases raise questions about....
Should former NY Governor Elliot Spitzer have to register as a sex offender?
Posted on March 27, 2010The question in the title of this post is inspired by this local story from the heartland, which is headlined "Kansas ponders adding prostitutes' customers to sex offender list." Here are the basics: A bill passed by the Kansas House...
Should and will California's voters legalize marijuana in that state this November?
Posted on March 26, 2010We all know all the reasons 2010 is shaping up to be an exciting election year, but there is now no "race" I will be watching more closely this fall than the debate over the newly-approved California ballot initiative about...
"Judge Calls Electronic Monitoring Excessive Bail in Child Pornography Case"
Posted on March 26, 2010The title of this post is the headline of this piece in the New York Law Journal, which reports on the latest significant sentencing decision of EDNY's Judge Jack Weinstein. Here is how the piece starts: Eastern District of New...
"Punishment as Suffering"
Posted on March 26, 2010The title of this post is the title of this notable new articleon SSRN from David Gray. The piece jumps into a very important and interesting on-going discussion and debate about subjective experiences of punishment, and all punishment theorists will...
Significant sentencing reform moving forward in South Carolina
Posted on March 26, 2010As detailed in this local story, which is headlined "Sentencing reform passes: Bill tries to free up room for the dangerous," significant proposed changes to South Carolina's sentencing laws seem to be close to becoming a reality. Here are the...
Lots of gun news from DC: Gilbert Arenas gets probation for gun possession, while Dick Heller loses latest Second Amendment case
Posted on March 26, 2010Proponents of gun rights in DC might be inclined this afternoon to remember the old saying "ya' win some, ya' lose some," after gun possessor Gilbert Arenas had a pretty good day in a DC court, while gun possessor Dick...
Is it true that nobody's view on the death penalty can be influenced by its costs?
Posted on March 26, 2010The question in the title of this post is inspired by this notable story coming from Nebraska, which is headlined "Nebraska lawmakers turn down death penalty study." Here are the basics: The Legislature split 22-22 Thursday on authorizing a $50,000...
Death penalty doings at SCOTUS
Posted on March 25, 2010Through fewer cert grants in capital cases, the Supreme Court in the last few Terms has stopped being the center of all discussion and debate over the death penalty. However, as detailed in this two SCOTUSblog posts, yesterday the Justices...
"Fast Eddie" Vrdolyak hoping to get a fast pass up to the Justices
Posted on March 25, 2010As detailed in this post from January, a split panel of the Seventh Circuit earlier this year reversed a prominent sentence of five-years' probation (plus 2500 hours of community service) for a prominent former Chicago politician in US v. Vrdolyak,...
"Shrinking Pa.'s prison population: New Jersey and a few other states have shown the way"
Posted on March 25, 2010The title of this post is the headline of this op-ed in today's Philadelphia Inquirer authored by Marc Mauer and Judith Greene. Here are excerpts: A new report by the Pew Center on the States shows that while the national...
Sixth Circuit affirms habeas relief finding Ohio sentencing scheme Blakely problematic
Posted on March 25, 2010The Sixth Circuit has an interesting little opinion today in a habeas case coming from the Ohio state courts involving a Blakely challange to an enhanced sentence. The ruling in Villagarcia v. Warden, Noble Correctional Inst., No. 07-3619 (6th Cir....
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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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