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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.
"Paratrooper with felony pardoned to join NYPD"
Posted on January 06, 2010A helpful reader forwarded to me this interesting article with the headline that is in the title of this post. Here are the details: A decorated paratrooper whose felony gun conviction barred him from his dream of becoming a New...
Might California get back to executions before the end of 2010?
Posted on January 06, 2010The state of California, which has the largest state death row by far, has been mired in litigation over its lethal injection protocol for nearly four years. But this new Los Angeles Times piece, which is headlined "California proposes new...
Federal judge demands federal prosecutors to address restitution issues in child porn cases
Posted on January 05, 2010A helpful reader alerted me to this local story reporting on a notable and important twist in the developing debate over whether children pictured in child porn can get awards of restitution from those who download these pictures. The story...
"Do Standards of Review Matter? The Case of Federal Criminal Sentencing"
Posted on January 05, 2010The title of this post is the title of this interesting empirical article by Max Schanzenbach and Joshua Fischman available here via SSRN. Here is the abstract: We exploit changes in sentencing doctrine over the last eighteen years to examine...
NBA star Arenas might discover that jokes with guns can lead to jail time
Posted on January 05, 2010This new piece from the Los Angeles Times provides the latest news concerning the holiday brush with the law for NBA star Gilbert Arenas: Washington Wizards star Gilbert Arenas says he took unloaded guns from his locker in a "misguided...
"Prisons and Budgets"
Posted on January 05, 2010The title of this post is the headline of this effective editorial that appeared in yesterday's New York Times. Here are excerpts: The United States, which has less than 5 percent of the world?s population, has about one-quarter of its...
Quite a death penalty start: many executions scheduled to kick off 2010
Posted on January 05, 2010As detailed on this upcoming executions page at the Death Penalty Information Center, the new year and the new decade is due to get off to a fast and potent start when it comes to executions. Specifically, three defendants are...
Split Ninth Circuit panel finds Washington's disenfranchisement of felons violates the VRA
Posted on January 05, 2010In a ruling that surely will not be the last word on the topic, a split Ninth Circuit panel today in Farrakhan v. Gregoire, No. 06-35669 (9th Cir. Jan. 5, 2010) (available here), has decided that Washington's felon disenfranchisement law...
Interesting coverage of ALI's notable death penalty move last year
Posted on January 04, 2010Adam Liptak's Sidebar column in the New York Times this week effectively covers notable ALI news from a few months ago (which I first reported here). The piece is headlined "Group Gives Up Death Penalty Work in Frustration," and here...
"Prosecutors seek nearly $200k for child porn victim"
Posted on January 04, 2010The title of this post is the headline of this interesting local article reporting on another case of a child porn victim seeking a significant restitution award from a person who downloaded the wrong dirty picture. Here are excerpts: Federal...
Notable new study about juve sex offenders
Posted on January 04, 2010Today's USA Today includes this notable article, headlined "Study: Third of juvenile sex offenders target other kids." Here is how it starts: More than a third of sex crimes against juveniles are committed by juveniles, according to new research commissioned...
US Justice Department issues new guidance to federal prosecutors on criminal discovery
Posted on January 04, 2010As detailed in this official DOJ blog report, "the Deputy Attorney General issued three memoranda regarding criminal discovery practices including a memorandum to all prosecutors containing guidance regarding criminal discovery that prosecutors should follow to help assure that they meet...
Justice Scalia makes pitch for diversity on Supreme Court
Posted on January 04, 2010I am pleased to see this notable new AP piece reporting on interesting comments from Justice Antonin Scalia. The piece is headlined "Scalia: Varied job experience needed on high court," and here are excerpts: Supreme Court Justice Antonin Scalia says...
Fourth Circuit affirms convictions and sentence of Zacarias Moussaoui
Posted on January 04, 2010Through a ruling that might provide a boost for the decision by the Obama Administration to try other 9/11 conspirators in federal court, today the Fourth Circuit has affirmed the convictions and sentence of Zacarias Moussaoui. The unanimous panel ruling...
"A year for more executions"
Posted on January 03, 2010The title of this post is is the headline of this new Washington Post editorial. Here are excerpts: Virginia was one of 11 states that put an inmate to death in 2009. The state executed three prisoners, including D.C.-area sniper...
What is "the most violent city per capita in America"?
Posted on January 03, 2010Click here to find out. The article linked provides these explanations for why the city wins this unfortunate honor: ?Our 30-year crime history is appalling,? said [local] Prosecutor Michael D. Thomas.... ?You can?t do more with less.? Thomas identified reductions...
"Overview of Federal Criminal Cases, Fiscal Year 2008"
Posted on January 02, 2010The title of this post is the title of this new publication from the US Sentencing Commission. Here is how the USSC describes the document: This publication provides a broad overview of federal sentencing data for fiscal year 2008. Readers...
Latest story of sports stars and guns creates great con law issue spotter
Posted on January 02, 2010Regular readers know that I am giddy when I can "work" while reading the sports pages or listening to sports talk radio. Thus, whether the issues involve famous athletes getting seemingly lenient sentences for drunk driving (see Donte Stallworth) or....
"Why are violent crime rates falling?"
Posted on January 02, 2010The title of this post is the question that, in my opinion, should be the top research and policy concern for all academics and lawmakers in 2010. It also is the head of this terrific new Washington Post editorial, which...
"Man opts for jail over New Year with relatives"
Posted on January 02, 2010The title of this post is the headline of this amusing story coming out of Italy: A Sicilian man stole sweets and a packet of chewing gum so he could get arrested and spend New Year's Eve in a jail...
Pennsylvania reconsidering toughest sentencing laws due to prison overcrowding
Posted on January 02, 2010This article from the Pittsburgh Post-Gazette, which is headlined "Pa. sentencing guidelines eyed: Throw-away-the-key policy has state prisons bursting at the seams," details how Pennsylvania is being forced to rethink certain sentencing laws and policies...
The Heinz sentencing year: 2009 all about anticipation...
Posted on January 01, 2010For my last post of 2009, I will recap the year in sentencing by showing my age and referencing the classic Heinz ketchup ads with the Carly Simon song "Anticipation." Specifically, my basic take on 2009 as a year in...
Interesting criminal caseload data in year-end report by the Chief Justice
Posted on January 01, 2010A true sign of being a law geek is being excited to to spend part of the first morning of the new year checking out the traditional "Year-End Report on the Federal Judiciary" from the Chief Justice of the United...
Another federal judge assails federal prosecutors when dismissing Blackwater prosecution
Posted on January 01, 2010As detailed in this Washington Post article, another federal judge has concluded a criminal case by ruling that prosecutorial mistakes (and misconduct?) precludes continued criminal prosecution. Here are the basic details: A federal judge dismissed charges against five Blackwater Worldwide...
"Judges Consider New Factor at Sentencing: Military Service"
Posted on December 31, 2009The title of this post is the headline of this new article in today's Wall Street Journal. Here are excerpts from the effective piece: A small but growing number of judges say U.S. military veterans should be treated differently from...
Federal district judge enjoins part of new Nebraska sex offender law
Posted on December 31, 2009As detailed in this local article, Sentencing Hall of Famer Judge Richard Kopf has issued a notable preliminary ruling concerning Nebraska's new sex offender law. Here are the basics: A federal judge has blocked portions of Nebraska's new sex offender...
UBS whistleblower complaining that he is only person headed to prison
Posted on December 31, 2009Reuters has this interesting new article previewing what sounds like an interesting upcoming segment of 60 Minutes. The piece is headlined "UBS whistleblower asks why he is going to prison," and here are excerpts: The key informant in the U.S....
"Nothing Mellow About Dissent in Medical Pot Case"
Posted on December 30, 2009The title of this post is the headline of this notable article from law.com, which reports on this interesting state appellate ruling from California dealing with an interesting issue about conditions of probation. Here are the details: In an unusually...
Second Circuit finds prosecutor's sentencing advocacy does not justify a plea withdrawal
Posted on December 30, 2009The Second Circuit today has an interesing little discussion of pleas and sentencing advocacy in US v. MacPherson, No. 08-1829 (2d Cir. Dec. 30, 2009) (available here). Here is how the ruling starts: This criminal appeal challenges a sentence for...
Sixth Circuit rejects Second Amendment challenge to federal criminal prohibition of possessing machine guns
Posted on December 30, 2009The Sixth Circuit issued a little panel opinion today in Hamblen v. United States, No. 09-5025 (6th Cir. Dec. 30, 2009) (available here), in which the panel summarily rejects a defendant's Second Amendment challenge to his machine gun possession convictions...
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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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Acute perpendicular parking #NYPD #NYFD
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Parallel parking gone bad. Too much gas UES NYC
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UES NYC
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Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
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Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
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Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
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Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
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Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
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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