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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.
Smokin' Okun: tax scheme scammer gets 100 years in the federal slammer
Posted on August 04, 2009The feds can now add another triple-digit notch to its white-collar sentencing belt after today's sentencing of the Miami businessman Edward Okun. This Bloomberg report provides the basics: Edward Okun, the Miami businessman convicted of stealing from customers of his...
Third Circuit upholds stat max sentence and special restriction in child porn case
Posted on August 03, 2009The Third Circuit, which has issued a number of notable child porn rulings in recent times (see here and here), has another such ruling today in US v. Thielemann, No. 08-2335 (3d Cir. Aug. 3, 2009) (available here). Here is...
Judge Posner talks through some post-Kimbrough concerns for the Seventh Circuit
Posted on August 03, 2009The Seventh Circuit has this intriguing little opinion today which purports "to flag a growing problem created by the Booker decision, which in the name of the Sixth Amendment demoted the federal sentencing guidelines to advisory status." The ruling in...
What does Sarah Palin think about Heller's limits on Second Amendment right?
Posted on August 03, 2009According to this CNN item, Sarah Palin addressed a National Rifle Association dinner in Anchorage on Saturday and gave ?a stirring speech on 2nd Amendment rights.? Though I doubt former Gov. Palin gave lots of attention to the Second Amendment...
Kenya's leader commutes all death sentences
Posted on August 03, 2009This new AP article, headlined "Kenyan leader reduces all death sentences to life," details an intriguing international death penalty development: Kenya's president says all prisoners on death row will immediately have their sentences commuted to life imprisonment...
SCOTUS Ice ruling undercuts Ohio defendant's habeas claim
Posted on August 03, 2009The Sixth Circuit issued an intriguing little habeas ruling today in Evans v. Hudson, No. 08-3717 (6th Cir. Aug. 3, 2009) (available here). Here is how it starts: Respondent-Appellant Stuart Hudson (?Hudson?), the warden of Mansfield Correctional Institution, appeals the...
Japan's revival of jury trials to include jury sentencing
Posted on August 03, 2009Fans of Blakely and jury involvement in criminal justice administration should be interested in this international news report, which is headlined "Japan holds 1st criminal jury trial since WWII." In addition to discussing Japan's decision to start having jury trials,...
AG Holder continues to talk about being "smart on crime" (and other important stuff)
Posted on August 03, 2009Continue his stumping for new approaches to crime and punishment (see prior speeches noted here and here and here), Attorney General Eric Holder earlier today gave a keynote address to the ABA House of Delegates outlining the Department of Justice's....
Now that Plaxico Burress has been formally indicted for gun possession, will Second Amendment fans come to his defense?
Posted on August 03, 2009As detailed in this Bloomberg news piece and this official press release from the office of Manhattan District Attorney Robert Morgenthau, today former New York Giants receiver Plaxico Burress was indicted "on charges of possession of a loaded pistol and...
"The Real Murder Mystery? It?s the Low Crime Rate"
Posted on August 03, 2009The title of this post is the headline of this great article from the weekend's Week in Review in the New York Times. Here are just a few snippets from a great read: Maybe it is time to call in...
Does the death penalty process aggravate victim suffering?
Posted on August 02, 2009This new AP article, headlined "Death-penalty cases harder on survivors than life sentences," prompts the question in this title of this post. Here are snippets from the piece: As lawmakers weigh the future of the death penalty in some states,...
Madoff's prison consultant speaks out
Posted on August 02, 2009Herb Hoelter, the consultant who played a role in Bernie Madoff case (and runs the National Center on Institutions and Alternatives), has this new commentary in today's New York Daily News. Here is how it starts: Bernie Madoff's 150-year prison...
Latest FSR issue, "Fast-Track Sentencing," now available on-line
Posted on August 02, 2009I am pleased to report that the latest issue of the Federal Sentencing Reporteris available on-line, bearing the title "Fast-Track Sentencing." Through this Issue, thanks to the extraordinary efforts of guest editor Alison Siegler, FSR has now published a set...
Famed researchers write in support of NC Racial Justice Act
Posted on August 02, 2009Thanks to this post at DPIC, I see that renowned researchers David Baldus and George Woodworth have penned an op-ed supporting North Carolina's proposed Racial Justice Act. Here is how the piece starts: The various attacks on the proposed North...
Defending the prison cuts in the new California budget
Posted on August 01, 2009Writing in the Sacremento Bee, Michael Vitiello has this new commentary, headlined "Prison budget cuts, done well, do no harm," praising the prison reforms in California's recently hammered out budget. Here is how the commentary starts: Watching California's recent budget...
District judge rejects plea deal offered to crooked state judges
Posted on August 01, 2009As detailed in this New York Times article, " a federal judge rejected the plea agreement of two former Pennsylvania county judges who pleaded guilty in February to a kickback scheme that involved sending juveniles to private detention facilities." Here...
Hot debate over whether DOJ is going soft on porn
Posted on August 01, 2009At Politico, Josh Gerstein has this intriguing article, headlined "Porn prosecution fuels debate," which discusses a variety of issues concerning federal prosecution of obscenity crimes. Here is a snippet: Social conservatives railed against the Clinton Administration for not prosecuting adult...
"Why it?s time to end the war on drugs"
Posted on July 31, 2009The title of this post is the headline of this commentary by Matthew Engel from the Financial Times. Here is a snippet: For decades many academics and professionals have regarded the current blanket prohibition on recreational drugs (though not alcohol...
Tenth Circuit reverses Nacchio's sentence while thoughtfully discussing federal fraud sentencing
Posted on July 31, 2009Though a thoughtful ruling in a major case, the Tenth Circuit today has reversed the sentence imposed on former Qwest CEO Joe Nacchio following his conviction for insider trading. The unanimous panel opinion in US v. Nacchio, No. 07-1311 (10th...
Recommended reading on race and criminal justice after the "beer summit"
Posted on July 31, 2009In the wake of the so-called "beer summit" ? which probably has gotten so much attention because everyone is tired of thinking hard about hard issues like health care reform ? here is a piece from SSRN that everyone should...
China saying it will use death penalty less
Posted on July 31, 2009This AP article, headlined "China says death penalty to be used more sparingly," reports on a planned cut back on capital punishment from the world's leader in executions. Here are a few details: The highest court in China, which executes...
Heller's impact on felon-in-possession crimes finally starting to generate attention
Posted on July 30, 2009As regular readers know, I have been blogging about the possible impact of the Second Amendment on federal felon-in-possession crimes and sentencing since the Supreme Court first granted cert in Heller. Now, thanks to a terrific concurrence by Judge Tymkovich...
Should having multiple sclerosis be a viable defense to a local pot charge?
Posted on July 30, 2009The question of this post is inspired by this commentary piece, which is headlined "Judge forgets to bring conscience to work, denies MS patient proper defense," and complains about a legal ruling from a state court in New Jersey. Here...
"Legitimizing Local Variations in the Federal Sentencing System"
Posted on July 30, 2009The title of this post is the title of this effective new piece on SSRN. Here is the abstract: This Essay attempts to provide an all-things-considered approach to justifying local sentencing variations in the federal system. Instead of trying to...
"Mandatory Sentencing Guidelines by Any Other Name: When 'Indeterminate Structured Sentencing' Violates Blakely v. Washington"
Posted on July 30, 2009The title of this post is the title of this new article available via SSRN by Bradley Hall. Here is the abstract: While striking down Washington's mandatory sentencing guidelines scheme in Blakely v. Washington, the Supreme Court made clear that...
"Mentally ill struggle to meet sex registry regulations"
Posted on July 30, 2009The title of this post is the headline of this sad article from The Tennessean. Here is how it starts: Carlton Hunter consistently fails to register as a sex offender, and he has served nearly 500 days in jail over...
House bill to end crack/powder disparity continues moving forward
Posted on July 30, 2009This post at Jurist provides an effective review (with lots of links on the latest news on a bill to equalize federal sentences for crack and powder cocaine offenses. Here is the start of its report: "The US House Judiciary...
Some innovative approaches to sentencing drunk drivers
Posted on July 30, 2009At Grits for Breakfast, Scott Henson has this extended post on a new proposal being implemented in Harris County, Texas for dealing with drunk driving offenders. Here are the basics via Grits: "Bottom line, all first time DWI defendants will...
Reviewing how tough times are resulting in prison releases
Posted on July 29, 2009This new AP article, headlined "States target prisons for cuts, raising worries," provides a review of the many states being forced to make prison cuts in tough economic times. Here are snippets: Nine states are considering closing prisons or cutting...
"Neoliberal Penality: A Brief Genealogy"
Posted on July 29, 2009The title of this post is the title of this new piece from Bernard Harcourt available here via SSRN. Anyone thinking a lot (or even a little) about modern mass incarceration ought to be reading all of Professor Harcourt's work,...
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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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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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