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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.
Interesting debate over judge's questions to rape victim at sentencing
Posted on August 26, 2009Thanks to Scott at Grits for Breakfast, I have learned of an interesting debate over how a Texas state judge at sentencing questioned a rape victim. Here are some links to the story and reactions: From the Houston Chronicle here:...
Could smart prisoner release be a sound economic stimulus?
Posted on August 26, 2009The question of this post is prompted by this provocative new (and very timely) working paper recently appearing on SSRN. The piece is titled "Work Release as Economic Stimulus: Overview of Current and Potential Usage in the 50 States," and...
"Lawmakers more worried about safe seats than safe streets"
Posted on August 26, 2009The title of this post is the headline of this effective opinion piece in the Los Angeles Daily News that is effectively attacking the California legislature from making the hard choices that are required to reform the state's sentencing and...
Will (local?) killer in Vermont challenge his federal capital prosecution?
Posted on August 26, 2009I blog here yesterday about the decision by the Justice Department will to pursue federal death penalty charges against Michael Jacques, a Vermont sex offender accused of an awful rape/murder crime. This updated local story about the case provides some...
"Executed prisoners are main source of Chinese organ donations"
Posted on August 26, 2009The title of this post is the headline of this new piece from The Guardian. Here are the basic details: Two-thirds of organ donors in China are executed prisoners, state media reported today, as health officials launched a national donation...
Ohio Supreme Court rules on the scope of Apprendi's "prior conviction" exception
Posted on August 25, 2009In a unanimous ruling in Ohio v. Hunter, No. 2009-Ohio-4147 (Ohio Aug. 25, 2009) (available here), the Supreme Court of Ohio ruled today that the Sixth Amendment does not preclude a judge from basing a sentencing enhancement on relevant information...
"Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty "
Posted on August 25, 2009The title of this post is the headline of this new articleappearing on SSRN from Professor Adam Gershowitz. Here is the abstract: In almost every state that authorizes capital punishment, local county prosecutors are responsible for deciding when to seek...
Ninth Circuit uphold application of SORNA against various constitutional challenges
Posted on August 25, 2009Providing more proof that the Ninth Circuit is not as defendant-friendly as many think, a panel of the Ninth Circuit today quick rejects an array of arguments from a federal defendant convicted of failing to register as a sex offender...
Third Circuit finds probation sentence for child porn downloading unreasonable
Posted on August 25, 2009In yet another noteworthy child porn sentencing case, the Third Circuit today reverses a below guideline sentence as unreasonable in US v. Lychock, No. 06-3311 (3d Cir. Aug. 25, 2009) (available here). Here is how the opinion gets started: The...
Are the crooked Pennsylvania juve judges really going to go to trial?
Posted on August 25, 2009As detailed this post and this post, a federal judge recently rejected the plea deal secured by two former Pennsylvania county judges who had pleaded guilty to a kickback scheme involving sending juveniles to private detention facilities. Now, as reported...
Feds decide to seek death in local(?) killing in state without the death penalty
Posted on August 25, 2009This local story out of Vermont strikes me as especially notable because it suggests that the Obama Justice Department will be continuing the Bush Justice Department's willingness to pursue federal death penalty charges for awful crimes in states without the...
Can sex offenders be requires to provide all their on-line information to law enforcement?
Posted on August 25, 2009This local article from Georgia, headlined "Judge mulls law on sex offender online obligations," reports on notable constitutional litigation concerning post-offense restrictions on sex offenders. Here are details from the story: A federal judge on Tuesday began weighing arguments for...
Five years on probation for Chris Brown in high-profile domestic violence case
Posted on August 25, 2009As detailed in this LA Times update, singer Chris Brown was sentenced today for assaulting his former girlfriend. Here are the details: Pop singer Chris Brown was sentenced today to five years of probation and 180 days community labor ?...
AG Holder describes his "five principles" for combatting crime
Posted on August 24, 2009In this new speech delivered today as part of the a White House Conference on Gang Violence Prevention and Crime Control, Attorney General Eric Holder has a lot of interesting old and new things to say about his approach to...
An important new book on criminal registries: "Knowledge as Power"
Posted on August 24, 2009I am pleased to report the publication of this important new book by Professor Wayne Logan: "Knowledge as Power: Criminal Registration and Community Notification Laws in America." Here is a description of the book from the publisher: Societies have long...
"Commission asks: Is a crime worse if a child sees it?"
Posted on August 24, 2009The title of this post is the headline of this interesting local article from Virginia. Here are the details: If Matthew R. Nash is convicted of this summer's Virginia Beach carjacking, he could get additional prison time for the mere...
Intriguing NPR piece on compassionate release of Lockerbie bomber
Posted on August 24, 2009This afternoon's NPR program Talk of the Nation included this interesting half-hour segment titled "'Compassionate' Release For Lockerbie Bomber." Here is the official summary of the segment: The only man convicted of the 1988 bombing of a Pan Am flight...
Latest legislative twist suggests California won't have a sentencing commission anytime soon
Posted on August 24, 2009This blog post from the LA Times provides what seems to be the latest news out of the California legislature concerning proposed prison and sentencing reforms in that state. Here are the basics: Assembly Speaker Karen Bass has put off...
Notable local tales on the costs of seeking the punishment of death
Posted on August 23, 2009Two local stories today from two states with notable and dynamic track records with the death penalty provide a window into some of the economic realities that surround efforts to implement the ultimate punishment. First, consider this piece from the...
"Thousands languish in crowded jail"
Posted on August 23, 2009The title of this post is the headline of this effective article in today's Houston Chronicle. Here is how it starts: More than half of the 11,500 inmates crammed into the Harris County Jail have not yet been found guilty...
Interesting review of medical furloughs from Alabama's prisons
Posted on August 23, 2009This story from today's Montgomery Advertiser, which is headlined "It's tough for terminally ill inmates to receive medical furloughs in Alabama," provides an effective review of how one state is dealing with the challenging intersection of health care and prisons...
New Heritage Foundation report defending juve LWOP sentences
Posted on August 23, 2009I just learned of a timely new report released this past week by The Heritage Foundation on the topic of life sentences for certain juvenile offenders. The report, which is available at this link, is titled "Adult Times for Adult...
Some of the latest media coverage of California prison debates
Posted on August 22, 2009The debate over California's proposes prison and sentencing reforms are fascinating, and both national and local media are providing this on-going story the considerable coverage it merits. Here are some of the newest pieces I have noticed today: From CNN...
"Fumo disclosure on addictions could pay off"
Posted on August 22, 2009The title of this post is the headline of this local article discussing the possibility that a prominent defendant, who received a federal sentence already considered lenient, may be able to get another reduction based on a (little-discussed, but very...
Notable news (and posts) on drug war issues
Posted on August 22, 2009Thanks to TalkLeft and other sources, I see that there is a lot of interesting and significant "war on drugs" news of late. Specifically, check out all these recent posts of note from TalkLeft: "Marijuana is Safer" Debuts Aspen: Marijuana...
Seventh Circuit affirms stat max sentence in child porn case
Posted on August 21, 2009The Seventh Circuit finds reasonable a 20-year statutory maximum sentence in a child porn case today in US v. Nurek, No. 07-3568 (7th Cir. Aug. 21, 2009) (available here). Here is how the opinion starts: Joseph Nurek pleaded guilty to...
Attacking Dershowitz attack on Scalia's "Catholic Betrayal"
Posted on August 21, 2009As noted in this post, Alan Dershowitz in a commentary decided, in reponse to this week's Supreme Court Davis decision concerning the possible execution of an innocent defendant, to attack Justice Sclia's commitment to Catholicism. At Bench Memos, Ed Whelan...
Crooked state judges make plea to have their plea deals accepted
Posted on August 21, 2009As noted in this post, a federal judge recently rejected the plea deal secured by two former Pennsylvania county judges who had pleaded guilty to a kickback scheme involving sending juveniles to private detention facilities. Now, as detailed in this....
Debate and drama continues in California over prison and sentencing reform
Posted on August 21, 2009This article from the San Jose Mercury News, headlined "California prison plan stalls in Assembly; new plan to be considered Monday," provides the latest news on the state and fate of prison and sentencing reforms being considering in California. Here...
California prison and sentencing reforms getting closer to reality
Posted on August 20, 2009As detailed in this local article from California, "Democratic lawmakers and Republican Gov. Arnold Schwarzenegger are poised as soon as today to enact a package of far-reaching prison reforms that would allow some prisoners to serve the last 12 months...
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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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