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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.
An international perspective on proportionality
Posted on July 01, 2009I just saw via SSRN this paper coming from Australia titled "Proportionality in Sentencing and the Restorative Justice Paradigm: ?Just Deserts? for Victims and Defendants Alike?". Here is the abstract: The doctrine of proportionality seeks to limit arbitrary and capricious...
Eleventh Circuit addresses notice requirement for special release conditions
Posted on July 01, 2009Sentencing proceduralists should be interested in the new opinion from the Eleventh Circuit in US v. Moran, No. 08-16987 (11th Cir. July 1, 2009) (available here). Here is how the opinion starts: This appeal presents an issue of first impression:...
Latest FSR issue, "On the Shoulders of Giants," now available on-line
Posted on June 30, 2009I am very pleased to report that the latest issue of the Federal Sentencing Reporter is available on-line. The issue is titled "On the Shoulders of Giants," and Professors Steven Chanenson and Marc Miller were the the chief editors who...
Should SCOTUS or USSC resolve circuit split on who counts as a fraud victim?
Posted on June 30, 2009The National Law Journal has this new piece noting a circuit split over who counts as a victim for a guideline enhancement in fraud cases. The article is headlined, "Circuits split on sentencing for financial fraud ? At issue is...
Notable veto by Texas Gov of sex offender registration reforms
Posted on June 30, 2009This local article from Texas, headlined "Gov. Rick Perry vetoes bill lifting sex offenders 21, younger from registry," spotlights an interesting development in the Lone Star State. Here is how the piece starts: Aaron Jernigan had just started college at...
Around the blogosphere
Posted on June 30, 2009Lots of good new reading at some of my favorite criminal justice blogs: Crime and Consequences Grits for Breakfast StandDown Texas Project Think Outside the Cage White Collar Crime Prof
"Prisons in Africa: An Evaluation from a Human Rights Perspective"
Posted on June 30, 2009The title of this post is the title of this interesting-looking article I just found on SSRN. Here is the abstract: While prisons in Africa are often considered the worst in the world many other prisons systems are worse off...
Is deterrence of child porn offenses sought by federal harshness undermined by state leniency?
Posted on June 30, 2009Regular readers know about the many federal child porn downloading cases in which the federal sentencing guidelines call for many years or even decades of imprisonment. Federal prosecutors frequently defend these harsh sentencing terms by contending they are needed in...
Notable new article on "Appellate Review of Sentence Explanations"
Posted on June 30, 2009I see from this post at Prawfs that Michael O'Hear has another important new piece on SSRN about sentencing explanations. This new piece is titled "Appellate Review of Sentence Explanations: Learning from the Wisconsin and Federal Experiences," and here is...
Another stiff sentence for a Ponzi schemer
Posted on June 30, 2009Perhaps this local sentencing story reflects the echo effect of Bernie Madoff getting maxed out at his federal sentencing: It may not be as wide-ranging as the theft orchestrated by Wall Street investor Bernard Madoff, but the $6 million stolen...
Seventh Circuit rejects broad-side attack on child porn guidelines
Posted on June 30, 2009The Seventh Circuit today handed down an intriguing little per curian opinion dealing with the federal child porn guidelines in US v. Huffstatler, No. 08-2622 (7th Cir. June 30 2009) (available here). Here are the choice quotes: [W]e need not...
Noting the latest state of the crack-powder sentencing debate
Posted on June 29, 2009The Washington Post has this new article reviewing the latest developments in the never-ending debate over federal crack and powder sentencing terms. The piece is headlined "Two Judges Target Cocaine Penalties: Disparity for Crack Crimes Criticized," and here is how...
"Everything You Need to Know About the Madoff Sentencing"
Posted on June 29, 2009This post at the WSJ Law Blog claims to provide a primer on everything one needs to know before the Madoff mania starts at 10am Monday morning. But, if you want to know more, you might check out new pre-sentencing...
New York Times editorial about feeding prisoners
Posted on June 29, 2009This morning's New York Times has this notable editorial, headlined "Two Meals and Not Always Square." Here are excerpts: With budgets tight, states and local governments have been looking at prisons ? and prison food ? as a place to...
A new white-collar benchmark: the main reason the number 150 matters in Madoff
Posted on June 29, 2009As many people recognized in anticipation of Bernie Madoff's sentencing, any prison term of 20 years or more was a functional life sentence for the 71-year-old super Ponzi schemer. And, notably, the presentence report for Madoff apparently recommended a term...
Madoff gets sentenced to max of 150 years in federal prison!
Posted on June 29, 2009Early reports from the MSM says Bernie Madoff gets the max from Judge Denny Chin, 150 years in federal prison, which was the most he could get for all the counts to which Madoff pled guilty. Of course, with a...
"This is really a fascinating term for Justices Scalia and Thomas"
Posted on June 29, 2009The title of this post is a quote from Tom Goldstein's live-blogging at SCOTUSblog in reaction to the handing down of the final opinions of the 2009 Supreme Court Term. I largely agree with this sentiment, though I have found...
SCOTUS takes up another honest-services fraud case
Posted on June 29, 2009Though today's SCOTUS headlines will mostly be about the completion of the '09 Term, the Justices also granted cert on a bunch of new cases this morning. This order list reveals that one of the cases, Weyhrauch v. US, the...
It was 37 years ago today, SCOTUS jurists decided to play...
Posted on June 29, 2009and the Justices have been in the business of regulating state administration of capital punishment ever since its ruling June 29, 1972 ruling in Furman v. Georgia (opinions available here; basics here and here). This is how Ed Whelan describes...
Local examination of the realities of plea bargaining
Posted on June 28, 2009A local paper from Maryland this morning has these two pieces talking about the dynamic realities of plea bargaining: Let's make a deal: The science and art of plea bargains State guidelines help fashion plea agreements Here is a portion...
Should I care about being (mis?)quoted in a White House press release?
Posted on June 28, 2009While doing a little weekend surfing, I stumbled across this press release appearing on whitehouse.gov from the Office of the Vice President (dated June 9), which seeks to champion Judge Sotomayor's criminal justice credentials. The release seeks to marshall a...
Counting some of the economic costs of the death penalty in North Carolina
Posted on June 28, 2009Thanks to this entry at the Death Penalty Information Center, I saw this interesting report in the Independent Weekly, which is headlined "The high cost of the death penalty: Nickel-and-dimed to death." Here are snippets from the piece: [C]ourt fees....
Problems with registration requirements for homeless sex offenders
Posted on June 28, 2009Thanks to this post at How Appealing, I discovered that state court in Pennsylvania held in this opinion that, though "the Legislature could have drafted the Megan?s Law registration requirement to require a homeless and transient person to register ...
Feds seeking the max for Bernie Madoff
Posted on June 27, 2009As detailed in pieces in the New York Times and in the New York Law Journal, federal prosecutors "recommended on Friday that Bernard L. Madoff be sentenced to 150 years in prison for conducting his enormous worldwide Ponzi scheme." Here...
Sentencing the focus of inaugural Chapman Journal of Criminal Justice
Posted on June 27, 2009Thanks to a helpful e-mail, I discovered the new Chapman Journal of Criminal Justice, and also discovered the the new journal's inaugural issue has a series of notable sentencing articles by a bunch of notable authors following up the journal's...
An interesting review of a little habeas history
Posted on June 27, 2009I just came across this intriguing little paper via Bepress, titled "The Story of Tarble's Case: State Habeas and Federal Detention." Here is the abstract: This essay addresses the background to and significance of Tarble?s Case (1872), in which the....
"Census Prisoner Count Dilutes Urban Political Clout"
Posted on June 27, 2009The title of this post is the headline of this article from The Legal Intelligencer. Here is how the article starts: The voting power of Philadelphians is diluted on the state level because state and federal prisoners are counted by...
Any sentencing predictions or prognostications before Monday's Madoff mania?
Posted on June 26, 2009Infamous ponzi schemer Bernie Madoff is scheduled to be sentenced this coming Monday, and so a slow summer friday presents a great opportunity for sentencing predictions and prognostications before the Madoff mania. Helpfully, this Bloomberg piece, headlined "Madoff?s Failure to...
Some great SCOTUS crim law commentary around the blogosphere
Posted on June 26, 2009I have seen lots and lots of good posts from the usual good crim law bloggers in response to some of the recent SCOTUS crim law action. Here are just a few of the many posts worth checking out: From...
"A chaplain's take on capital punishment"
Posted on June 26, 2009The title of this post is the headline of this new commentary appearing in the Austin American-Statesman. Here are snippets: The last time I checked, seven out of 10 Texans approved of the death penalty, and not surprisingly, Texas executes...
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you should be getting a mileage comp. I own my own company and I pay my employee...
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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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