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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.
"How Young Is Too Young to Face Life in Prison?"
Posted on March 11, 2010The title of this post is the headline of this new effective piece from ABC News and Good Morning America. Here is how it starts: The father of a 12-year-old Pennsylvania boy charged last year with murder says his son...
Spot-on commentary at C&C about legislative action on the death penalty
Posted on March 11, 2010Over at Crime & Consequences, Kent Scheidegger has this notable and astute new post titled "Death Penalty Legislation." Here is how it begins: What a difference a year makes. There are three news stories about death penalty legislation in my...
Unanimous(!!) vote by Senate Judiciary Committee to reduce (but not eliminate) crack/powder disparity
Posted on March 11, 2010As detailed in this new press release from Families Against Mandatory Minimums, this morning "the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses." Here are the basic...
Varied reactions to the crack/powder reform work of the Senate Judiciary Committee
Posted on March 11, 2010I have seen or received lots of distinct commentary in reaction to Senate Judiciary Committee's unanimous vote today to reduce (but not eliminate) crack/powder disparity in federal mandatory sentencing statutes (reported here). Here is a sampling: From the Office of...
Latest FSR issue on federal alternatives to incarceration now available on-line
Posted on March 11, 2010I am pleased to report that the latest issue of the Federal Sentencing Reporter is now available on-line, bearing the title "Decreasing Incarceration in the Federal System: Alternative Sanctions, Diversion, and Other Models." The Table of Connects for this latest...
"Rethinking Crime ? Again"
Posted on March 11, 2010The title of this post is the headline of this fantastic new commentary on crime and punishment from John J. Di Iulio, Jr. appearing in the journal Democracy. The piece is a must-read for anyone interesting in crime realities and...
Latest federal sentencing data show continuing slow migration away from guidelines
Posted on March 11, 2010The US Sentencing Commission has some fresh new sentencing data just up on its website. The USSC's latest data report, which can be accessed here, is described this way: Final FY09 Quarterly Sentencing Update: An extensive set of tables and...
Texas judge reconsidering declaration that state's death penalty is unconstitutional
Posted on March 10, 2010This new AP piece, which is headlined "Texas judge rescinds anti-death penalty ruling," provides the latest news concerning a Texas capital case that has cause quite a stir after a notable ruling by a state judge last week. Here are...
Are there First Amendment problems with barring sex offenders from social media sites?
Posted on March 10, 2010The question in the title of this post is prompted by this piece from the journalism students at Northwestern University?s Medill school. The piece is headlined "New law banning sex offenders from social networks a free speech flop?", and here...
Monica Conyers gets 37-month federal sentence (and creates some great appeal issues)
Posted on March 10, 2010This Detroit News piece, which is headlined "Angry Conyers vows to appeal 37-month prison sentence," suggests a high-profile federal sentencing today a political bribery case includes some interesting in-court action. Here are the highlights: Former Detroit City Councilwoman Monica Conyers...
Marion Jones adds another notable reentry story to the sports pages
Posted on March 10, 2010I enjoy following the post-sentencing fates of celebrity felons because they provide a great example of the willingness of society to give persons who can generate revenue a second chance. Thus, I was intrigued and pleased to see this AP...
Lots of notable new sentencing notes in the Notre Dame Law Review
Posted on March 10, 2010The Notre Dame Law Review will always have an extra warm stop in my professional heart because it published my first big sentencing piece about departures over a decade ago. Now, thanks to a helpful reader, I have now leared...
Exactly how many months qualifies as a "substantial" prison sentence?
Posted on March 09, 2010The question in the title of this post is prompted by this high-profile federal sentencing storycoming out Detroit, which carries the headline "Conyers should serve 'substantial' prison time, prosecutors say," in the Detroit News. Here are the basics: Federal prosecutors...
Tenth Circuit questions illegal reentry guideline while rejecting substantive unreasonableness claim
Posted on March 09, 2010A helpful reader helped ensure I did not miss the interesting little reasonableness ruling by a Tenth Circuit panel yesterday in US v. Chavez-Suarez, No. 09-1005 (10th Cir. Mar. 8, 2010) (available here). The start of the main opinion in...
"State doesn't let condemned man kill himself"
Posted on March 09, 2010The title of this post is the headline of this article from the Columbus Dispatch, which updates how the state of Ohio is dealing with a condemned murderers suicide attempt just before his scheduled execution: Inmate Lawrence Reynolds' decision to...
Former CBS producer pleads guilty to trying to extort David Letterman
Posted on March 09, 2010The Letterman extortion case has now become a sentencing matter as the defendant in the case has now entered a plea. This New York Times report provides the basic details: Saying that he felt ?great remorse for what I have...
"Restitution for Child Pornography Victims"
Posted on March 09, 2010The title of this post is the headline given to this local public radio show on an interesting cutting-edge topic which I have covered at some on this blog. Here is the set up: Traditionally, courts have punished those convicted...
Ohio gets a new problem on its way toward a one-drug lethal injection
Posted on March 08, 2010If Ohio official were hoping that their switch to a one-drug lethal injection protocol would end all the challenging issues with execution, the next inmate for the death chamber has reminded us all that state killing is never easy. Specifically,...
Another criminal defendant win produce another notable SCOTUS alignment
Posted on March 08, 2010As detailed here at SCOTUSblog, the Supreme Court issued two opinions and granted certain on three new cases this morning, but it is not obvious that this activity includes much for sentencing fans to get to excited about. That said,...
Can and should business leaders be effective advocates for sentencing and prison reforms?
Posted on March 08, 2010The question in this title of this post is inspired by this new editorial from the Detroit Free Press, which is headlined "Business joins fight to right-size prisons." Here are excerpts: Business leaders have taken a lead role in efforts...
"Confessions of a Sentencing Judge"
Posted on March 08, 2010The title of this post is the headline of this notable new commentary by former federal Judge H. Lee Sarokin just posted at The Huffington Post. Here are excerpts: There is no worse nightmare for a judge than learning that...
"Companies 'Named And Shamed' For Bad Behavior"
Posted on March 08, 2010The title of this post is the headline of this effective NPR piece discussing shaming sanctions in a distinct setting. Here is how the piece starts: Newspapers are full of apologies these days, from Toyota to Tiger Woods. But papers...
New ACS issue brief making the case against juve LWOP
Posted on March 08, 2010I just got word of this new issue brief from the folks at the American Constitution Society, which is titled "A Just Alternative to Sentencing Youth to Life in Prison Without the Possibility of Parole." This piece is authored by...
A new federal statutory attack on Missouri's lethal injection protocol
Posted on March 07, 2010Over at Capital Defense Weekly is this notable new post headlined "Under the radar lethal injection challenge appears to be heading to trial." Here is the substance: In news of the next possible wave of challenges to lethal injection, Ringo...
"Supreme Court should uphold local, state regulation of guns"
Posted on March 07, 2010The title of this post is the headline of this editorial from my hometown Columbus Dispatch in this morning's paper. Because the Dispatch has a relatively conservative editorial board (it endorsed McCain and Bush in the last two presidential elections),...
Huff Post commentary urging stiffer sentences and chemical castration for sex offenders
Posted on March 06, 2010Alex D'Adrea has this notable new commentary at The Huffington Post, which is headlined "Sexual Predators and Their Threat to Society: Our Laws are Not Enough." Here are excerpts: From state initiatives like Jessica's Law and Megan's Law to federal...
"Changing Marijuana Laws Could Save Millions"
Posted on March 06, 2010The title of this post is the headline of this notable political dispatch from Florida. Here are excerpts: At a time when California is releasing thousands of small time drug offenders from prison, Florida could consider reducing its penalties for...
Former mayor of Birmingham gets 15 years for bribery
Posted on March 05, 2010As detailed in this Bloomberg report, in federal court today the "former mayor of Birmingham, Alabama, was sentenced to 15 years in prison for taking $241,000 in bribes in exchange for giving $7.2 million in sewer-bond and derivatives business to...
State judge in Texas declares the state's death penalty unconstitutional based on innocence concerns
Posted on March 05, 2010The Houston Chronicle has this new piece, which is headlined "Judge declares death penalty unconstitutional," reporting on a remarkable new development in the operation of the death penalty in Texas. Here are the basics: A Houston judge on Thursday granted...
Do we want the feds going hard after the "pampered wives of Ponzi schemers"?
Posted on March 05, 2010The question in the title of this post is prompted by this article coming from the Sun Sentinel, which is headlined "Pampered wives of Ponzi schemers: Can they be charged with crimes too?". The piece discusses today's upcoming sentencing of...
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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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