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Criminal Law

Sentencing Law and Policy Sentencing Law and Policy

News, issues, commentary and provides resources related to sentencing law and policy.
By Douglas A. Berman

Post Frequency: 77.7/day

Last Entry: April 01, 2011 at 10:54:24

Recent Entries: 4815

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SCOTUS completely its capital case error-correction in Bobby v. Bies

Posted on June 01, 2009
As documented by the fact that not a single amicus brief was filed in the capital case Bobby v. Bies (08-598), it seemed that the Supreme Court took up the case merely to correct what it perceived to be an...


Latest news on impeachment process for former Judge Kent

Posted on June 01, 2009
This new story from the Texas Lawyer, headlined "House Task Force to Hold Hearing on Impeachment of Federal Judge," provides the latest news on the status of former judge, and now felon, Samuel Kent. Here is how the story starts:...


Interesting local sentencing story implicating racial and free press issues

Posted on June 01, 2009
I just came across this interesting local sentencing story that seems to involve a lot more than just sentencing law and policy. Here are the basics: Diane Bukowski, a reporter for the African-American owned Michigan Citizen newspaper, was given one....


Examining Judge Sotomayor's criminal justice record

Posted on May 31, 2009
Among the extraordinary number of article about Judge Sotomayor linked at How Appealing, I just discovered this pieceby Michael Doyle of McClatchy Newspapers headlined "Sotomayor's record reveals she's far from soft on crime." Here are some notable excerpts: Before her...


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Two stories on different types of sex offenders

Posted on May 31, 2009
One of many reasons that sex offender law and policy is so messy and controversial is because the term sex offender can mean so many different things in some many different contexts. These two promientn MSM stories about different types...


"Madoff's $lick Try"

Posted on May 31, 2009
The title of this post is the headlines of this New York Post report on Bernie Madoff's hiring of a well-known sentencing consultant. Here are the details: Mega-fraudster Bernard Madoff has hired a leading prison consultant to help him try...


Any predictions on how a Justice Sotomayor would approach capital cases?

Posted on May 30, 2009
This new AP piece, headlind "Death cases among early issues for new justice," spotlights that SCOTUS nominee Judge Sotomayor, though lacking a judicial record with the death penalty, has encountered the issue in at least one other setting. Here is...


Examining the work of psychologists in correctional settings

Posted on May 30, 2009
Now up on SSRN is this new article titled "'Where the Home in the Valley Meets the Damp Dirty Prison': A Human Rights Perspective on Therapeutic Jurisprudence and the Role of Forensic Psychologists in Correctional Settings." Here is the abstract:...


The prison economy and the war on terror meet in Montana

Posted on May 30, 2009
The AP has this fascinating new piece, headlined "Montana town offers to take Guantanamo prisoners," which highlights how the prison economy can provide a different perspective on the war on terror. Here are excerpts: On Capitol Hill, politicians are dead-set...


Different perspectives on federal sentencing from different vantage points

Posted on May 30, 2009
As noted in prior posts here and here, this past week the US Sentencing Commission held a public hearing at Stanford Law School. This USSC webpage showing the agenda and the list of impressive persons who testified now also has...


Notable criminal law perspectives on Justices old and new

Posted on May 29, 2009
Around the blogosphere are some interesting new posts on some criminal law work by current and likely future Supreme Court Justices. First, David Oscar Markus explains in this interesting post why he views Justice Scalia as "by far the most...


"New Casey Anthony attorney is death-penalty expert"

Posted on May 29, 2009
The title of this post is the headline of this local article providing some interesting sentencing-related news in a high-profile murder case. Here are the particulars: The newest attorney to join Casey Anthony's defense team is a death-penalty expert from...


Efforts in Connecticut to convince Governor Rell to sign death penalty repeal bill

Posted on May 29, 2009
This local article from Connecticut, headlined "Groups try to persuade Rell to abolish death penalty," highlights some of on-going work by what might be called the abolitionist lobby: Opponents of the death penalty began a campaign Thursday to persuade Gov...


A few ruminations about judging without empathy (and sentencing by computers)

Posted on May 29, 2009
While some SCOTUS nominee "empathy" discussion has been silly, the basic debate over the role of empathy in judging has a number of interesting facets. The folks at The Volokh Conspiracy, for example, have been talking through the issue in...


Conrad Black appeals to Justice Stevens for bail pending SCOTUS ruling

Posted on May 29, 2009
In this post last week on right after the Supreme Court granted cert on Conrad Black's criminal appeal, I asked "Should Conrad Black (and Jeff Skilling and others) be set free pending SCOTUS action?". My query prompted a spirited debate...


"Cocaine Cases in Limbo as End Looms for Sentencing Disparity"

Posted on May 29, 2009
The title of this post is the title of this interesting article in today's New Jersey Law Journal. Here are excerpts: The Obama administration's call for the elimination of mandatory jail terms for certain crack-cocaine offenders is beginning to filter...


What is working so well when it comes to crime and punishment in the Netherlands?

Posted on May 29, 2009
If (when?) Senator Jim Webb is able to get a national crime and punishment commission created, I hope that figuring out what is working in the Netherlands becomes an immediate focus of of the commission's attention. That's because, as this...


Passing prisoners (and the health-care buck) to nursing homes in Ohio

Posted on May 28, 2009
I recently posted here on efforts by state officials in California to divert state prisoners to county jails in order to impose the economic costs of prisoner confinement on to localities. This story from my local paper, headlined "Nursing homes...


"Nebraska lawmakers approve lethal injection bill"

Posted on May 28, 2009
The title of this post is the headline of this local article sent my way by a helpful reader. Here are the specifics: Nebraska lawmakers approved a bill Thursday that?s designed to give the state the legal means to carry...


Judge Sotomayor on textualism and voting rights in Hayden v. Pataki

Posted on May 28, 2009
Folks can find lots and lots of interesting SCOTUS nominee Sotomayor blogging on various topics at The Volokh Conspiracy and SCOTUSblog and elsewhere. Here I will continue to keep the focus on criminal justice issue, while also stressing that a...


All the news that's fit to link from How Appealing

Posted on May 28, 2009
Thanks to the always terrific How Appealing, I can through links keep up with some interesting criminal justice developments: Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges? Posner & Easterbrook in Action During Oral Argument on...


Poll indicates Connecticut voters still strongly support death penalty

Posted on May 28, 2009
This article from the Hartford Courant shows that the people of the Nutmeg State are bigger fans of the death penalty than are the state's legislators, who passed a bill last week to repeal capital punishment in Connecticut: By a...


Fourth Circuit rejects intriguing arguments against federal child porn conviction

Posted on May 28, 2009
The Fourth Circuit today has an interesting discussion of a variety of issues in an appeal of a federal child porn conviction and sentence in US v. Malloy, No. 08-4136 (4th Cir. May 28, 2009) (available here). Here is the...


The latest sentencing news from MTV

Posted on May 27, 2009
MTV has this new report on the start of rapper TI's federal prison sentence. Here are some particulars: T.I. turned himself in Tuesday (May 26) at an Arkansas federal prison, where the rapper will begin serving a 366-day sentence stemming...


Thoughtful discussion of crime, punishment and restorative justice

Posted on May 27, 2009
A helpful reader altered me to this terrific new piece, titled "America's Prisons: Is There Hope?", appearing in the June 11, 2009 issue of The New York Review of Books. Though the piece in various ways keeps returning to restorative...


Notable Tenth Circuit ruling on restitution awards under the MVRA

Posted on May 27, 2009
The Tenth Circuit has a significant ruling today concerning restitution awards in US v. Dolan, No. 08-2104 (10th Cir. May 27, 2009) (available here). Here is the start of the opinion: Brian Dolan viciously attacked a hitchhiker, leaving his victim...


Intriguing Third Circuit case on considering hearsay in supervised release revocation

Posted on May 27, 2009
The Third Circuit has an intriguing little procedural ruling today in US v. Lloyd, No. 08-2513 (3d Cir. May 27, 2009) (available here). Here are the basics of the ruling and a few of the doctrinal highlights: At issue in...


A quick thought on Judge Sotomayor's sentencing work in Cavera

Posted on May 27, 2009
As I noted in this prior post, Judge Sotomayor is a unique Supreme Court nominee because she personally sentenced federal defendants as a federal district court judge and has also has personally experienced the entire Apprendi-Blakely-Booker-Gall change in federal sentencing...


Exploring execution competency and capacity to assist counsel

Posted on May 27, 2009
I just noticed this piece on SSRN titled "The Afterlife of Ford and Panetti: Execution Competence and the Capacity to Assist Counsel." Here is the abstract: The capacity to assist counsel and communicate a defense once held a central place...


Juve LWOP and animal porn get top billing as media discuss SCOTUS docket

Posted on May 27, 2009
With the naming (finally!) of a new SCOTUS nominee, the press is now started to talk about the cases that Judge Sonia Sotomayor would be immediately facing if she soon becomes Justice Sotomayor. The first two cases noted in this...


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