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Criminal Law

Sentencing Law and Policy Sentencing Law and Policy

News, issues, commentary and provides resources related to sentencing law and policy.
By Douglas A. Berman

Post Frequency: 77.7/day

Last Entry: April 01, 2011 at 10:54:24

Recent Entries: 4815

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"Judges Punish Wall Street as Regulators Just Talk About Reform"

Posted on September 08, 2009
The title of this post is the headline of this interesting Bloomberg piece that suggesting that federal sentencing judges are playing a central role in responding to the recent economic crash. Here is how the piece gets started: As the...


China struggles with drunk driving sentencing

Posted on September 08, 2009
As one who is always concerned with the US approach to sentencing drunk driving, I was intrigued to see this AP story from China concerning that country's struggle with this crime and effective punishments. Here are excerpts from the piece:...


Another notable uptick in below-guideline sentences in latest data run from USSC

Posted on September 08, 2009
The US Sentencing Commission has some notable new sentencing data now up on its website. The USSC's latest data report, which can be accessed here, is described this way: Third Quarter FY09 Quarterly Sentencing Update: An extensive set of tables...


Reflecting on community intuitions about justice and punishment

Posted on September 07, 2009
As spotlighted in this paper and in lots of other thoughtful work, Paul Robinson has pioneered and championed a concept he calls "empirical desert" that is focused on having community intuitions of justice as the backbone of a criminal justice...


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A remarkable concurrence in the affirmance of a long mandatory minimum sentence

Posted on September 07, 2009
Late Friday the First Circuit affirmed the application of a 20-year mandatory minimum sentence in a single-page per curiam opinion in US v. Cirilo-Munoz, No. 08-1830 (1st Cir. Sept. 4, 2009) (available here). The opinion in Cirilo-Muno is blog-worthy because...


Confronting the gendered realities of extreme sex crimes

Posted on September 07, 2009
Most serious observers of the criminal justice system surely recognize how dramatically "gendered" much criminal offending tends to be ? i.e., the vast majority of serious criminal offenders are men, and many female offenders get involved in crimes because of,...


Notable criminology studies from international sources

Posted on September 07, 2009
Catching up with some of the SSRN pieces in my in-box, I discovered these two notable criminology pieces from researchers working outside the USA: Crime, Economic Conditions, Social Interactions and Family Heritage Abstract: This paper tests whether factors referring to...


When and how will SCOTUS respond to the California prison litigation?

Posted on September 07, 2009
As detailed in this San Jose Mercury News article, "California officials Friday asked the U.S. Supreme Court to block a lower court order that forces the state to quickly devise a plan to shed more than 40,000 inmates from its...


Seeking deep throughts in reaction to "The Recession Behind Bars"

Posted on September 06, 2009
Today's New York Times includes this fascinating op-ed, headlined "The Recession Behind Bars," which is authored Kenneth Hartman, who is nearing the end of his third decade in prison following a 1980 conviction for murder that led to an LWOP...


Interesting review of closing penitentiaries due to the prison economy

Posted on September 06, 2009
This weekend's Wall Street Journal includes this effective piece headlined "Lights Out at the Penitentiary: Strapped States are Shutting Prisons, But Moving 1,100 Inmates -- Beds and All -- Is a Trial." Here is how it gets started: Jeffrey Woods,...


Detailed examination of the death penalty in Louisiana

Posted on September 06, 2009
The Shreveport Times today has this effective article, headlined "Louisiana death penalty: an eye for an eye or ineffective?," which provides a detailed examination of the death penalty in Louisiana. The paper indicates that this piece is only "the first...


"Cash-strapped states revise laws to get inmates out"

Posted on September 05, 2009
The title of this post is the headline of this effective article from today's Los Angeles Times. Here is how it gets started: After decades of pursuing lock-'em-up policies, states are scrambling to reduce their prison populations in the face...


"Not Innocent Enough: The elusive search for the sufficiently innocent death-row victim"

Posted on September 05, 2009
The title of this post is the headline of this Slate article by Dahlia Lithwick, which connects the recent death penalty stories surrounding Troy Davis and Cameron Todd Willingham. Here is how it starts and ends: For years, death-penalty opponents...


Fascinating district court refusal to accept a (coercive?) plea deal

Posted on September 04, 2009
A helpful reader sent me copy of a fascinating five-page district court ruling from earlier this week in US v. Taliaferro, No. 08-cr-7-1-SM (D.N.H. Sept 1, 2009) (available for download below). The start and end of the order highlights why...


Split Seventh Circuit panel discusses importance of right to allocute

Posted on September 04, 2009
A split Seventh Circuit has an extended and interesting discussion of a defendant's right to allocute and lots of other notable issues in US v. Noel, No. 07-2468 (7th Cir. Sept. 4, 2009) (available here), which is yet another ugly...


Eighth Circuit affirms stat-max sentence for false statement in bankruptcy proceeding

Posted on September 04, 2009
With a struggling ecomony perhaps leading more and more businesses and persons to consider declaring bankruptcy, a ruling today from the Eighth Circuit in US v. Waldner, No. 08-2606 (8th Cir. Sept. 4, 2009) (available here), provides a sharp reminder...


US Sentencing Commmission makes official its ambitious priorities

Posted on September 04, 2009
Back in June, as detailed in this post, the US Sentencing Commission released its "notice of proposed priorities and request for public comment ... for the amendment cycle ending May 1, 2010." As I noted back then, unlike in prior...


Interesting forfeiture ruling from split Washington Supreme Court

Posted on September 04, 2009
Thanks to this post at How Appealing, I saw this Seattle Times article, headlined "State Supreme Court: Parents can keep cars used by drug dealing son," which describes a notable forfeiture decision by a state high court. Here is how...


Lots of interesting criminology reading for a long weekend

Posted on September 04, 2009
I noticed via the SSRN criminology abstracts a lot of interesting-looking new papers: Law, Legal Institutions, and the Criminalization of the Underclass by David Ray Papke Thug Life: Hip Hop?s Curious Relationship with Criminal Justice by andre douglas pond cummings...


"Federal Judge Refuses To Take New Criminal Cases"

Posted on September 03, 2009
The title of this post is the headline of this NPR piece about a notable federal district judge's decision to reshape his docket. Here are the basics from the piece: A federal judge in Milwaukee has taken the unusual step...


US Sentencing Commission regional hearing in Chicago next week

Posted on September 03, 2009
As detailed in this brief public notice, the US Sentencing Commission has another one of its regional public hearings on tap for next week. This fourth regional public hearing is scheduled for Sept 9-10, 2009, in Chicago will be held...


Lots of interesting news and notes about parole

Posted on September 03, 2009
In the news today are a number of interesting items about parole: From the Gainesville Sun here, "Editorial: Parole reform" From Reuters here, "Dying Manson follower Atkins denied parole" From the Richmond Times Dispatch here, "Some inmates eligible for parole...


Three-judge panel refuses to stay order requiring California to reduce its prison population

Posted on September 03, 2009
As detailed in this Los Angeles Times piece, a "panel of federal judges today denied state officials? request to delay an order that they produce a plan to reduce California's prison population by 40,000 inmates." Here is more: Aides to...


"Pa. lifers seeking clemency in wake of US ruling"

Posted on September 03, 2009
The title of this post is the headline of this new AP article discussing litigation and other developments surrounding possible clemency grants for those serving life sentences in Pennsylvania. Here are excerpts: Tyrone Werts earned a college degree, counseled at-risk...


Might the ugly Garrido case result in needed changes to sex offender registries?

Posted on September 03, 2009
This new article in the Wall Street Journal, which is headlined "Sex-Registry Flaws Stand Out," has me wondering and hoping that the horrid Phillip Garrido case might prompt needed reforms to ever-expanding sex offender registries. Here are snippets: The case...


Study suggests support for death penalty still strong despite innocence concerns

Posted on September 02, 2009
The title of this post is meant to be quite different from the headline of this new Los Angeles Times article, which is headlined "Californians' support for death penalty waning: A survey shows public support has dropped from 79% to...


"Race, Death and Disproportionality"

Posted on September 02, 2009
The title of this post is the title of this new piece I noticed on SSRN from Scott Howe. Here is the abstract: Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment. In McCleskey v....


Justice Stevens' clerk hiring can start next round of SCOTUS speculation

Posted on September 02, 2009
Even though new Justice Sotomayor has not yet even heard her first case, this new AP article seems sure to start a new round of Supreme Court transition talk. Here's the lead: "Supreme Court Justice John Paul Stevens has hired...


Good news on crime victimization rates in 2008

Posted on September 02, 2009
Various folks expressed concern that the down-turn in the economy in 2008 could and likely would lead to an increase in crimes. But, as this DOJ press release details, the latest, greatest statistics suggest that crime victimization decreased from 2007...


California begins SCOTUS appeal process for federal ruling ordering prisoner release

Posted on September 02, 2009
This Sacramento Bee article details that California has begun the process for appealing the recent three-judge special panel ruling that called for a dramatic cut in California's prison population. Here are the basics: State lawyers said Tuesday they will try...


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