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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.
Oral argument transcript finally available for in O'Brien/Burgess case
Posted on February 24, 2010I am pleased to finally be able to report that the Supreme Court now has posted here the transcript for Tuesday morning's oral argument in United States v. O'Brien and Burgess, the combined cases concerning the application of the machine-gun...
Great reporting on what states (and politicians) are now doing with early release programs
Posted on February 24, 2010John Gramlich writing at Stateline.org has this great new piece, which is headlined "A crack in the prison door," that takes a close look developments and debates over early prisoner release programs in the states. Here are excerpts: [A] law...
Today's SCOTUS sex offender Ex Post oral argument transcripts
Posted on February 24, 2010Thanks to a delay at LGA on my way out of dodge (and also my friends cut-and-paste and posting by SCOTUSblog), I now have a chance here to post in this space the transcripts of SCOTUS oral arguments today here...
"The Death Penalty: Racist, Classist and Unfair"
Posted on February 23, 2010The title of this post is the provocative headline given to this (not especially provocative) piece in Time magazine. The piece is just a brief Q&A with David Dow, the author of the new book The Autobiography of an Execution....
"Hire A Lawyer, Escape the Death Penalty?"
Posted on February 23, 2010The title of this post is the title of a new Issue Brief authored by Scott Phillips coming from the American Constitution Society for Law and Policy. This new paper on the administration of the death penalty is available at...
Great new features on improved website of The Sentencing Project
Posted on February 23, 2010I just received this notable web-news via e-mail: The Sentencing Project is excited to announce our new and improved Web site to help in your research and advocacy efforts for criminal justice reform.... Elements of the new site include: Interactive....
More opinions on the Lynne Stewart sentencing as Second Circuit denies en banc review
Posted on February 23, 2010Today the Second Circuit has denied en banc review of its panel decision to reverse the below-guideline sentence given to (in)famous laywer Lynne Stewart. Here is how text of the order denying en banc review: Following disposition of this appeal...
Notable CVRA ruling from the Sixth Circuit rejecting victims' plea to reject corporate plea deal
Posted on February 23, 2010The Sixth Circuit disposed of an interesting mandamus petition from crime victims this morning in US v. Arctic Glacier International, No. 10-3160 (6th Cir. Feb. 23, 2010) (available here). The corporate setting, and the crime victims' requested relief, make this...
Diverse headlines report on prison sentence for former NBA player Jayson Williams
Posted on February 23, 2010The long, long, long running prosecution of former New Jersey Nets star basketball player Jayson Williams for accidentally shooting and killing his limousine driver finally reached sentencing today. And these diverse headlines make it a bit of a challenge to...
Fourth Circuit (unpublished!?) opinion follows Skoien on Heller challenge to § 922(g)(9) ... just after Seventh Circuit vacates it
Posted on February 23, 2010As both a Second Amendment believer a fed courts geek, a notable ruling today from the the Fourth Circuit today has me excited and annoyed and amused all at the same time. The ruling is in US v. Chester, No....
SCOTUS back to work with a diverse criminal docket
Posted on February 22, 2010As detailed in this Washington Post piece, which is headlined "Supreme Court returns; firearms regulation and detainees on agenda," the Supreme Court Justices return today from their winter hibernation. And, in the baker's dozen of cases to be heard by...
"Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?"
Posted on February 22, 2010The title of this post is the title of this must-read article from US District Judge James Gwin, which is now available via SSRN. Here is the abstract: Do the Federal Sentencing Guidelines reflect community sentiment regarding appropriate punishment? This...
SCOTUS grants cert and issues summary dispositions in more criminal cases
Posted on February 22, 2010As noted in this post, the US Supreme Court is back to work this morning. And, as detailed in posts here and herefrom SCOTUSblog, criminal justice issues are at the heart of two new cert grants and two new summary...
Prisoners writing to death penalty abolitionists urging end to LWOP advocacy
Posted on February 22, 2010This new press release provides further evidence that the pro-life-imprisonment advocacy by the anti-DP crowd is not appreciated by everyone. This release is headlined "The Other Death Penalty Project Announces Letter-Writing Campaign to Anti-Death Penalty Groups", and here excerpts: Today,...
Might the Harris limit on Apprendi be questioned in O'Brien/Burgess argument?
Posted on February 22, 2010As detailed in this post at SCOTUSblog, on Tuesday morning the Supreme Court will hear oral argument in United States v. O'Brien and Burgess, a combined pair of cases concerning the application of the machine-gun mandatory minimum sentencing enhancement of...
An affair to die for in Texas
Posted on February 22, 2010Adam Liptak's latest Sidebar column in the New York Times is focused on the (in)famous Charles Dean Hood capital case from Texas. The piece is headlined "Questions Of an Affair Tainting A Trial," and here are excerpts: Charles Dean Hood...
"Ban pervs as supers: Schumer"
Posted on February 22, 2010The title of this post is the (pitch-perfect?) headline from this story in today's New York Post, which documents the latest concern about the working habits of sex offenders. Here are the basics: There ought to be a law against...
What's the longest prison sentence ever served by a crooked prosecutor?
Posted on February 22, 2010This local story, headlined "Ex-N.C. prosecutor gets 3-year sentence," got me thinking about the question that is the title of this post. Here are the details from the NC story: Former Johnston County prosecutor Cindy Jaeger will spend at least...
Tie vote helps keeps death penalty alive in Kansas
Posted on February 21, 2010As detailed in this local article, which is headlined "Kansas Senate sustains death penalty," another effort to repeal the death penalty in another state has failed. Here are the details: The debate was emotional and the vote as close as...
"Terminally ill fraudster given 'life sentence'"
Posted on February 21, 2010The title of this post is the headline of this interesting article from the Atlanta Journal-Constitution sent my way by a helpful reader. Here are excerpts: Adolphus Hill knew the sentence -- any sentence -- he received Friday would likely...
New (and needed) scholarship on the Armed Career Criminal Act
Posted on February 21, 2010Serious sentencing gurus know that the Supreme Court and lower federal courts have been struggling greatly in recent years to figure out how to apply the federal Armed Career Criminal Act. I am thus pleased to see some new scholarship...
DOJ suggests "extraordinary" leniency justified for Bernie Madoff's lieutenant
Posted on February 20, 2010As detailed in this New York Times article, federal prosecutors "expect to recommend 'extraordinary' leniency for Frank DiPascali Jr., who has admitted being Bernard L. Madoff?s crucial lieutenant in history?s largest Ponzi scheme, according to documents made public in federal...
Canada's Supreme Court authorizes discount for police misconduct while upholding mandatory sentencing term
Posted on February 20, 2010As detailed in this article from the Toronto Star, which is headlined "High court clarifies minimum sentences: They can be lowered to remedy police abuse, but in most cases mandatory penalty must apply," the Supreme Court of Canada handed down...
"Race and Gender as Explicit Sentencing Factors"
Posted on February 19, 2010The title of this post is the title of this provocative new piece by Professor Carissa Byrne Hessick available via SSRN. Here is the abstract: This Symposium Article briefly traces the history of race and gender as explicit sentencing factors,...
Notable suggestions from UK public on youth punishments
Posted on February 19, 2010I came across this interesting sentencing article from across the pond, which is headlined "Flog Young Offenders And Put Them In Stocks." Here are excerpts: A new scheme asking for ideas on how to punish young offenders has been forced...
Former NYC police chief Bernie Kerik gets (above-guideline) four year sentence
Posted on February 19, 2010As detailed in this New York Times article, "Bernard B. Kerik, a former New York police commissioner who rose to national prominence, was sentenced to four years in prison on Thursday after pleading guilty to eight felony charges, including tax...
US Sentencing Commission finally gets its first new Obama appointee
Posted on February 19, 2010As detailed in this official press release, the US Senate has finally confirmed President Obama long-ago-nominated new person to serve on the US Sentencing Commission. Here are the details from the press release, which includes background on the new Commissioner:...
Ohio Supreme Court makes its October monthly reservation for the state's death chamber
Posted on February 19, 2010As detailed in this local AP article, the "Ohio Supreme Court has set an October execution date for a condemned killer who beat his girlfriend with a pipe, threw her in a river and stole $400 from her bank account."...
Noting the triple-digit impact of the Bernie Benchmark
Posted on February 19, 2010Regular readers may recall my Bernie Madoff sentencing reaction-prediction that "though the choice of the magic sentencing number of 150 years ? as opposed to 30 years or 50 years or 100 years ? really means very little to Bernie...
"Deciding When To Decide: How Appellate Procedure Distributes the Costs of Legal Change"
Posted on February 19, 2010The title of this post is the title of this notable new piece from Professor Aaron-Andrew P. Bruhl that should be of extra interest to Blakely and Booker fans, as evidenced by this abstract: Legal change is a fact 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?
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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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