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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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Garrido case leading to useful reflections and questions about sentencing practices

Posted on September 02, 2009
Often, one high-profile ugly crime by a repeated offender leads to an extreme reaction to an outlier case. This my be part of the story that follows the discovery of the remarkable crimes of the Garrido family, but we should...


My (now published) take on the MPC sentencing revisions

Posted on September 02, 2009
This past January, I was part of a panel at the 2009 AALS conference talking about the American Law Institute's on-going revision of the sentencing chapters of the Model Penal Code. As detailed here, the Florida Law Review has now...


Lots of great, and very different, new stuff at some blog favorites

Posted on September 02, 2009
Lots and lots of great new posts can be found at these often great crim law blogs: Crime and Consequences CrimProf Blog Grits for Breakfast


The latest prison and sentencing reform news from California

Posted on September 01, 2009
As detailed in this local article, headlined "California Assembly passes prison-cut plan less sweeping than Senate's," the drama surrounding prison and sentencing reform in California continues apace. Here are some of the details of the latest news: The California Assembly...


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"Moral Sentiments and the Justification of Punishment"

Posted on September 01, 2009
The title of this post is the title of this interesting-looking new piece from Thom Brooks recently posted on SSRN. Here is the abstract: What is the relationship between our moral sentiments and the justification of punishment? One position is...


Reactions to the NC ruling in Britt felon gun rights case

Posted on September 01, 2009
This new local article, headlined "Felon wins the right to own a gun: Narrow ruling causes big stir," reports on reactions to the North Carolina Supreme Court's ruling in Britt v. State, No. 488A07 (NC Aug. 28, 2009) (available here),...


How will death penalty proponents respond to "Trial by Fire"?

Posted on September 01, 2009
I have now read this potent and must-read article, headlined "Trial by Fire: Did Texas execute an innocent man?", in this week's New Yorkerconcerning the Cameron Todd Willingham case. In the article, David Grann effectively reviews all the reasons to...


New poll has majority saying alcohol is more dangerous than marijuana

Posted on September 01, 2009
This new report from Rasmussen, which is headlined "51% Rate Alcohol More Dangerous Than Marijuana," should give yet another boost toward efforts to legalize the (no-longer-?) wicked weed. Here are the basics: Fifty-one percent (51%) of American adults say alcohol...


If you ever wondered what might happen if you sold balg eagle feathers...

Posted on August 31, 2009
this new Justice Department official press release, titled "Arizona Man Sentenced for Selling Bald Eagle Feathers," provides an answer: Cedric E. Salabye of Dilkon, Ariz., was sentenced Friday in federal court in Phoenix for selling 11 bald eagle tail feathers,...


"Links to Sex Crimes to Follow Texas Suspects"

Posted on August 31, 2009
The title of this post is the headline of this interesting article in today's Wall Street Journal. Here is how it begins: Desirée Wood gave up hope that the man who raped her 20 years ago in Dallas would ever...


Will new evidence of Texas executing an innocent man alter modern death penalty debates?

Posted on August 31, 2009
As detailed in this new New York Times editorial, headlined "Questions About an Execution," more folks are coming to the view that Texas executed an innocent man in 2004. The editorial provides the basic facts and notes the standard abolitionist...


Lots of notable new and timely Findlaw commentaries

Posted on August 31, 2009
The folks at Findlaw do a great job in its Writ section getting top academics to do timely commentaries on legal issues of current debate and interest. Here are some commentaries from the last few weeks that ought to interest...


Sex offender driven to drink and drive by registration requirement

Posted on August 31, 2009
This little local story, headlined "Police: Pa. man drove drunk to Megan's Law meeting," is both funny and not-so-funny. Here are the basics: A convicted child sex offender has been charged with drunken driving because he allegedly showed up intoxicated...


Dueling persectives on proposed California prison reforms and a new challenge

Posted on August 31, 2009
As highlighted in the links below, the California editorial pages are buzzing over the state's on-going debate over prison and sentencing reforms. And, as these two pieces reveal, California lawmakers will be criticized no matter what they do (or don't...


Will NC's new Racial Justice Act effectively kill the state's death penalty?

Posted on August 30, 2009
This interesting local article from North Carolina, which is headlined "New death penalty law concerns Pitt attorney," prompts the question of this post. The piece provides one local prosecutor's perspective on the likely impact of North Carolina's new Racial Justice...


Trickle-down realities of the prison economy in California

Posted on August 30, 2009
This local article from California, which is headlined "State prison cuts' effect on county jail feared," spotlights the trickle-down impact of most prison cuts at the state level. Here are excerpts: After four years of declines in the number of...


Plenty of blame to go around in high-profile failure of "supervised parole"

Posted on August 30, 2009
This big crime story of the past week concerned the discovery that convicted rapist Phillip Garridowas able to kidnap and keep a young girl in backyard dwellings for nearly two decades. This is, of course, a sentencing story in many...


North Carolina Supreme Court finds state constitutional right for some felons to bear arms

Posted on August 29, 2009
Thanks to this post at The Volokh Conspiracy, which is titled "Felons and the Right To Bear Arms," I discovered that late yesterday the North Carolina Supreme Court ruling in Britt v. State, No. 488A07 (NC Aug. 28, 2009) (available...


Federal prosecutors again found to have committed severe misconduct

Posted on August 29, 2009
This article from the Chicago Tribune, headlined "Prosecutorial misconduct seen in drug trial: Witness allowed to testify falsely, federal Judge Joan Lefkow rules," reports on yet another disturbing case of federal prosecutorial misconduct emerging from a prominent US Attorney's Office...


Interesting information about LWOP instructions in capital cases

Posted on August 29, 2009
Thanks to this new item at the Death Penalty Information Center, everyone can check out how "states apply a variety of conditions and use differing instructions to inform" a capital jury about life without parole as a sentencing alternative. Here...


"Why March to a Uniform Beat?: Adding Honesty and Proportionality to the Individualized Tunes of Federal Sentencing "

Posted on August 28, 2009
The title of this post is the title of this interesting-looking new piece on SSRN from Jelani Jefferson Exum. Here is the abstract: The Federal Sentencing Guidelines were initially created to increase uniformity in sentencing by diminishing the influence of...


What should be the US Sentencing Commission's priorities these days?

Posted on August 28, 2009
Remarkably, we are rapidly approaching the five-year anniversary of the Supreme Court's decision to make the federal sentencing guidelines advisory in Booker. Much can be said about what Booker has changed, but what Booker clearly has not changed in the...


Seventh Circuit enforces requirement that district judges address non-frivolous sentencing arguments

Posted on August 27, 2009
The Seventh Circuit today issued an important little opinion on post-Booker procedural requirements in US v. Villegas-Miranda, No. 08-2308 (7th Cir. Aug. 27, 2009) (available here). Here is a key passage from the ruling (with internal cites and quotes left...


What should we take away from the latest private prison scandal?

Posted on August 27, 2009
The New York Times reported yesterday on the latest private prison scandal in this piece headlined "Hawaii to Remove Inmates Over Abuse Charges." Here are some of the details: Hawaii prison officials said Tuesday that all of the state?s 168...


Notable Second Circuit ruling on problems with long-delayed sentencing

Posted on August 27, 2009
The Second Circuit has an intriguing little sentencing ruling today in US v. Ray, No. 08-2795 (2d Cir. Aug. 27, 2009) (available here). Here is how the opinion's official abstract explains the issues covered: Appeal from a judgment of the...


The next chapter in the Troy Davis story begins

Posted on August 27, 2009
The Atlanta Journal-Constitution has this story, headlined "Troy Davis case treads new legal ground," which details how the Troy Davis case will be proceeding in the district court after it was transfered there by the Supreme Court: A federal judge...


Latest news on sentencing and prison reform in California

Posted on August 27, 2009
Anyone closely following the saga of proposed sentencing and prison reforms in California will want to be sure to check out these two new press reports: From the Contra Costa Times here, "Assembly to push milder prison reform plan" From...


Assessing Senator Kennedy's sentencing reform legacy

Posted on August 26, 2009
As reported here, Senator Edward Kennedy passed away last night at the age of 77. Though I doubt the mainstream media will talk much, if at all, about his foundational role in federal sentencing reform efforts, I will always think...


Illinois creates a new sentencing "advisory council"

Posted on August 26, 2009
As detailed in this press release, Illinois "Governor Pat Quinn on Tuesday signed a package of bills reducing the complexity and length of the Illinois Criminal Code and creating an advisory body to conduct comprehensive analyses of state sentencing laws...


Uniform Law Commission passes important act concerning collateral consequences

Posted on August 26, 2009
As detailed in this press release, earlier this summer the Uniform Law Commission finalized and approved the Uniform Collateral Consequences of Conviction Act. Here is some background and the basic details from the release: [This Act] addresses the consequences of...


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