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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.
Puppy problems produced by prison populations
Posted on June 19, 2009This local dispatch reporting on the prison economy in Oregon, which is headlined "Ore. Lawmakers: State can't afford tougher penalties for animal abuse," prompted me to produce the alliterative title to this post. Here are the particulars: A bill currently...
Judge Kent impeached by House of Representatives
Posted on June 19, 2009Here is an example of unique form of collateral consequences of a conviction: "The House today impeached imprisoned U.S. District Court Judge Samuel B. Kent and sent his case to the Senate for trial." This Houston Chronicle article provides more...
First(?) significant(?) Second Amendment ruling favoring a federal criminal defendant
Posted on June 19, 2009Thanks to this post by Eugene Volokh, titled "Rare (Partial) Victory in Second Amendment Case," I learned that earlier this week a federal district judge issued this brief opinion in US v. Engstrum, No. 2:08-CR-430 (D. Utah June 15, 2009),...
SCOTUS hands down opinion in a few of its final criminal law cases, including DNA access ruling
Posted on June 18, 2009The Supreme Court's term is winding down, and thanks to live-blogging by SCOTUSblog I can report on the basics of the criminal law rulings that the Justices handed down this morning: The Court has released the opinion in Yeager v....
WWJD about the conflict between religion and restrictions on sex offenders?
Posted on June 18, 2009This article from the Atlanta Journal-Constitution, headlined "Church-activity ban prompts legal fight," raised questions about what will judges do (and also what would Jesus do) concerning a Georgia law prohibiting sex offenders from volunteering at churches...
One notable example of a pro athlete not getting a sentencing break (and of jury sentencing)
Posted on June 18, 2009While lots of commentators are questioning the sentencing leniency shown to Donte Stallworth, this story from Texas provides evidence that former pro athletes do not always get sentencing breaks: A former New York Yankees outfielder was sentenced to 45 years...
Lots and lots of notable new proposed priorities from US Sentencing Commission
Posted on June 18, 2009The US Sentencing Commission has now posted here its "notice of proposed priorities and request for public comment ... for the amendment cycle ending May 1, 2010." Unlike in prior years in which the USSC seemed to be acting as...
MADD is mad about short Stallworth sentence
Posted on June 17, 2009This post from the New York Times' NFL blog has lots of interesting follow-up concerning the short prison term given to NFL receiver Donte Stallworth in Florida for DUI manslaughter. The post links to this interesting news releasefrom the the...
Lawyer for Plaxico Burress making much of sweet plea deal given to other NFL receiver
Posted on June 17, 2009As detailed in this New York Daily News article, the lawyer for Plaxico Burress has wasted no time highlighting that his client ought to be able to get a plea deal with sentencing terms that are as sweet as the...
Lots of interesting discussion in Second Circuit's refusal to go en banc in federal capital case
Posted on June 17, 2009The Second Circuit in a brief order today in US v. Fell, No. 06-2882 (2d Cir. June 17, 2009) (available here), denies en banc review of a federal death sentence. That simple decision generates a 35-page concurrence from Judge Raggi...
"Majority of Leading Criminologists Find Death Penalty Does Not Deter Murder"
Posted on June 17, 2009The title of this post is the heading to this new entry at the Death Penalty Information Center based on the publication of a new article now appearing in the Journal of Criminal Law and Criminology titled "Do Executions Lower...
Missouri Supreme Court rules that federal sex offender registration requirement trumps state limits
Posted on June 17, 2009This local article, headlined "Ruling to force sex offenders' names back on Missouri registry," provides a report on the significant impact of a ruling from the MIssouri Supreme Court concerning what sex offenders must register with the state: Thousands of...
Are criminal defendants the "real losers" when judges are elected?
Posted on June 17, 2009The National Law Journal has this interesting commentary discussing the impact of judicial elections on criminal justice, which is headlined "Only a partial win: The Caperton ruling, while welcome, does nothing to protect the real losers in judicial elections ?...
NASC Annual Conference as timely as ever
Posted on June 17, 2009I am pleased to be able to highlight this year's National Association of Sentencing Commissions annual conference, which is held August 2-4, 2009 in Baltimore, Maryland. This year's conference is titled "15 Years of NASC: Looking Back, Moving Forward," but...
A few notable comments from AG Holder in Senate testimony
Posted on June 17, 2009Attorney General Eric Holder testified before the Senate Judiciary Committee today, and this link provides the text of his statement. The statement is long and does not have too much grist for the sentencing mill, though this paragraph (under the...
"Jail time cut for pregnant illegal alien"
Posted on June 16, 2009The title of this post is the headline of this local article that provides an update on a notable federal sentencing case (discussed here) in which a pregnancy became a reason for a longer prison term: A pregnant, HIV-positive African...
China changing execution method from firing squads to lethal injection
Posted on June 16, 2009The world's top execution country has announced a change in its execution protocol. This Reuters article, headlined "China to swap bullets for lethal injections," provides this report: China's capital plans to use lethal injections in executions by the end of...
"DOJ's Attack on Federal Judicial Leniency, the Supreme Court's Response, and the Future of Criminal Sentencing"
Posted on June 16, 2009The title of this post is the title of this great-looking new article appearing on SSRN from Professors Susan Klein and Sandra Guerra Thompson. Here is part of the piece's abstract: The last few years have brought some equilibrium to...
Bernie Madoff's many victims vent in letters to sentencing judge
Posted on June 16, 2009As detailed in this New York Times article, headlined "Fraud Victims Want Maximum for Madoff," some victim of Bernie Madoff's ponzi scheme have had a chance to tell his sentencing judge what they think ought to happen to their least-favorite...
NFL player gets very short jail term for drunk driving killing
Posted on June 16, 2009This updated article from the Miami Herald, headlined "Donte' Stallworth gets 1 month in jail, 2 years house arrest in DUI death," provides the latest celebrity sentencing news that gets me all riled up again about the leniency too often...
Long opinions affirming very long federal child sex abuse sentences
Posted on June 16, 2009Any concern that federal judges are too lenient when sentencing those who abuse children sexually should be allayed by some very long sentences affirmed in two long circuit court opinions today. From the Second Circuit, we get US v. Jass,...
New York Times complains (foolishly?) about creative writing sentence
Posted on June 16, 2009I am intrigued and a bit troubled to see that the New York Times has this new editorial that appears to be complaining about the recent sentencing decision ordering a white-collar defendant to write a book (discussed here). Here is...
Lots of headlines about lots of death row delays
Posted on June 15, 2009This morning brings a number of notable article discussing the long wait of death row for condemned defendants in various states: From the Chicago Tribune here, "Indiana executions at slowest pace in 15 years" From the Deseret News (Utah) here,...
SCOTUS addresses meaning of "aggravated felony" in immigration decision
Posted on June 15, 2009As detailed at SCOTUSblog here and here, this morning the Supreme Court granted cert on four new cases and handed down two opinions. All the cert grants were in civil cases, and technically so were the two issued opinion. But...
Judge Samuel Kent finally heading to prison today
Posted on June 15, 2009Thanks to this post at How Appealing, evenyone can catch up on all the latest news about Judge (and convicted felon) Samuel Kent, who is due to report to prison today. This recent article by Mary Flood in the Houston...
"Explaining the imprisonment epidemic"
Posted on June 15, 2009The title of this post is the title of this editorial introcution to this issue of the February 2009 issue of Criminology & Public Policy. Here are the other articles on imprisonment in this issue: Crime, cash, and limited options:...
Split Eleventh Circuit ruling on reasonableness of long sentence for one co-conspirator
Posted on June 15, 2009Today the Eleventh Circuit handed down an interesting ruling on the reasonableness of a sentence in US v. Docampo, No. 08-10698 (11th Cir. June 15, 2009) (available here). Here is how the majority opinion, per Judge Pryor, gets started: The...
A fascinating view of a different approach to prison architecture
Posted on June 14, 2009This morning's New York Times includes this must-read article from the magazine section. The piece is headlined "Behind Bars ... Sort Of," and it is focused on prison near the Austrian town of Leoben that is "a sleek structure made...
Do prisoners get better health care than poor?
Posted on June 14, 2009The question in the title of this post is inspired by this notable op-ed piece from a local Oregon paper, which is headlined "State is wasting money on death-row health care." Here are excerpts: On Sept. 18, 1995, Horacio Alberto...
Lots worth reading around the blogosphere
Posted on June 14, 2009Here is just a sampling of some criminal law posts of note around the blogosphere: From Balkinization here, "The best nine-page opinion ever written!" (discussing this Second Amendment opinion from the Seventh Circuit) From The Crime Report here, "The Public...
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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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