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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.
Defense attorneys arguing for lower sentence because Travis Henry was "duped" into drug crime
Posted on July 07, 2009This new story from USA Today, headlined "Lawyers: Travis Henry 'duped,' deserves light sentence," indicates that another NFL player in trouble with the law is hoping to run to sentencing daylight with a notable sent of legal moves: Attorneys for...
Ninth Circuit discusses consideration of state-federal disparities after Booker
Posted on July 07, 2009In a narrow little opinion today in US v. Ringgold, No. 06-10492 (9th Cir. July 7, 2009) (available here), the Ninth Circuit discusses the consideration of state-federal disparities after Booker. Here is how the opinion starts: This appeal concerns the...
Important research that could help with reentry efforts
Posted on July 07, 2009This new article in USA Today, which is headlined "Study could ease concerns over hiring ex-offenders," provides a report on a new study that has the potential to help reentry efforts for ex-offenders. Here are the basics: A study funded...
"Improving Prison Oversight to Address Sexual Violence in Detention"
Posted on July 07, 2009The title of this post is the title of a new "Issue Brief" by Melissa Rothstein and Lovisa Stannow being distributed by the American Constitution Society. The issue brief can be downloaded at this link, and here is the ACS's...
A worldly perspective on different execution methods
Posted on July 07, 2009This BBC article, headlined "Top Indian court upholds hangings," highlights that, outside the United States, not everyone believes that lethal injection is the only way to carry out an execution: India's Supreme Court has rejected a petition to replace hanging...
"Open to the public: U.S. Supreme Court should allow broadcast of oral arguments"
Posted on July 07, 2009The title of this post is the headline of this editorial from my local Columbus Dispatch. Here are a few excerpts: Watching and listening as America's top jurists and leading advocates hash out the fine points of the most important...
"Sotomayor Seen As Moderate On Criminal Justice"
Posted on July 07, 2009The title of this post is the headline given to this segment that ran this afternoon on NPR's All Things Considered. Here is how the segment is described: Analysts see Judge Sonia Sotomayor as a moderate whose decisions in criminal...
Gearing up for the SCOTUS juve LWOP cases on the horizon
Posted on July 07, 2009I was pleased to receive word this week that the Institute of Bill of Rights Law had chosen one of the two juve LWOP cases, Sullivan v. Florida, for its moot court event as part of its Supreme Court Preview...
Hoping that criminal justice issues get justified attention in upcoming SCOTUS confirmation hearing
Posted on July 06, 2009The National Law Journal has this new piece, headlined "A dozen themes frame Sotomayor hearing," that should help whet appetites for the upcoming Senate confirmation hearing for Judge Sotomayor's elevation to the Supreme Court. Disappointingly, though not surprisingly, the piece...
Potent DOJ response to ABA Journal article about federal child porn sentencing
Posted on July 06, 2009As noted in this post last month, the June issue of the ABA Journal includes this long article on the debate over federal child porn sentencing titled, "A Reluctant Rebellion." I just learned about this extended response to the article...
Should we feel good or bad about feeling good about how bad Madoff got punished?
Posted on July 06, 2009A helpful reader sent along this intriguing little piece discussing the virtues and vices of human instincts for imposing "altruistic punishment." The piece is titled "Are humans cruel to be kind?" and here is a snippet: Our sense of fairness...
Will bad facts doom a double jeopardy claim brought to SCOTUS in capital case?
Posted on July 06, 2009This new article in the Washington Post, headlined "Va. Inmate's Lawyers Argue Double Jeopardy," raises the age-old question of whether bad facts often make for bad law. Here are the basic details (which read almost as if they created by...
A high-profile case providing a Canadian perspective on white-collar sentencing
Posted on July 06, 2009This Bloomberg news article, headlined "Prosecutor Seeks 8-10 Years for Ex-Broadway Producers," provides an interesting comparative perspective on white-collar sentencing debates. Here are a few excerpts: Garth Drabinsky and Myron Gottlieb, once Broadway producers with hits like ?Ragtime,? should spend...
"In Prisoners? Wake, a Tide of Troubled Kids"
Posted on July 05, 2009The title of this post is the headine of this effective article in the New York Times, which discusses some social science research starting to document some of the long-term consequences and lurking costs of mass incarceration. Here are excerpts:...
Why should a serial killer be offered a deal to avoid any real punishment for multiple murders?
Posted on July 05, 2009I find this local story from California, headlined "I-5 Strangler suspect Kibbe offered plea deal," quite troublesome: A prosecutor said Thursday that he would allow Roger Kibbe, accused of being the so-called I-5 Strangler, to plead guilty to six murders...
"When Governments Kill: A conservative argues for abolishing the death penalty"
Posted on July 05, 2009The title of this post is the heading for this notable commentary by renown conservative Richard Viguerie, which appears in the July 2009 issue of Sojourners Magazine. Here are snippets (with emphasis in the original): The fact is, I don?t...
US Sentencing Commission holds regional hearing in New York City this week
Posted on July 05, 2009As detailed in this brief public notice, the US Sentencing Commission has another one of its regional public hearings on tap for this week. This third regional public hearing is scheduled for July 9-10, 2009, in New York City will...
What to the American imprisoned is the Fourth of July?
Posted on July 04, 2009Upon Randy Barnett's astute suggestion, I celebrated the Fourth of July this morning by reading Frederick Douglass's famed Independence Day oration from 1852, which was titled "What to the Slave is the Fourth of July?". The speech is remarkable for...
"Is 150 Years Appropriate, or Just Silly?"
Posted on July 03, 2009The question in the title of this post is the headline of this effective column in the New York Times. The piece quotes lots of academics in an effort to help answer the question (including me), but I am even...
Deep thoughts on freedom and liberty for the holiday weekend
Posted on July 03, 2009These two new pieces appearing on SSRN seem like fitting reading for some deep reflections on freedom and liberty this holiday weekend: Neoliberal Penality: A Brief Genealogy by Bernard E. Harcourt Abstract: The turn of the twenty first century witnessed...
"Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury"
Posted on July 02, 2009The title of this post is the headline of this breaking report from Wired news. It is not clear to me that the judges has exactly "overruled" the jury, but rather just concluded as a matter of law that the...
California Supreme Court rejects Apprendi challenge to using juve convictions as strikes
Posted on July 02, 2009Apprendi fans have a lot worth reading today. In addition to my new little discussion of Apprendi-land in the Columbia Law Review's sidebar (discussed here), today the California Supreme Court has lots of Apprendi talk in People v. Nguyen, No....
Judge Alex Kozinski cleared of misconduct (but my illegality concern is not addressed)
Posted on July 02, 2009The blogosphere is buzzing with the news that the Third Circuit, which was tasked with reviewing misconducts complaint against Judge Alex Kozinski, has concluded its investigation via this just-released opinionin which Judge Kozinski is admonished for poor judgment, but cleared...
Split Sixth Circuit panel upholds Tennessee's lethal injection procedures
Posted on July 02, 2009Today in Harbison v. Little, No. 07-6225 (6th Cir. July 2, 2009) (available here), a (divided) Sixth Circuit panel declares that Tennessee's lethal injection protocol is constitutionally sound. Here is how the majority opinion starts: Edward Jerome Harbison is a...
Second Circuit blesses future medical expense restitution in child porn sentencing
Posted on July 02, 2009The Second Circuit has an intriguing little restitution ruling today in US v. Pearson, No. 07-0142 (2d Cir. July 2, 2009) (availalbe here). Here is how the opinion starts: Defendant-appellant Abraham Pearson appeals from a judgment entered January 12, 2007,...
"Cyberbully" Lori Drew scheduled to be sentenced in federal court this afternoon
Posted on July 02, 2009This AP article, headlined "Sentencing scheduled for Mo. mom in MySpace hoax," reports that the rescheduled sentencing of Loi Drew is slated for this afternoon. This ABCNews feature provides some of the pre-sentencing basics: U.S. District Judge George Wu had...
Interesting guideline debate in upcoming federal sentencing of Monica Conyers
Posted on July 02, 2009This local article out of Detroit, headlined "Conyers sentence fires up debate," highlights the challenge of assessing financial figures under the federal sentencing guidelines in a high-profile public corruption case. Here are excerpts from this effective article: Detroit City Council...
Should Bernie Madoff bother to appeal his sentence?
Posted on July 01, 2009The question in the title of this post is prompted by this new article in USA Today, which is headlined "Appeal of Madoff's 150-year sentence wouldn't matter." Here is a big part of an effective article: Bernard Madoff has potential...
"Should Juries Be the Guide for Adventures Through Apprendi-Land?"
Posted on July 01, 2009In this post a few weeks ago, I spotlighted the publication of this great new article by W. David Ball in the June 2009 issue of the Columbia Law Review, titled "Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the...
Lots of notable (and notably different) state death penalty headlines
Posted on July 01, 2009There have been a number of interesting (and quite different) death penalty stories coming from the states this week. Here are some of the highlights as provided by these headlines and links: From California, "Public hearing turns into passionate debate...
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He arrogantly insists, "let them come after us." Well, if you are invo...
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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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