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Criminal Law

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

Ohio Justice and US Senator from Illinois urging end to state use of death penalty

Posted on January 19, 2011
As detailed in new local stories, a sitting Justice of the Ohio Supreme Court and a notable US Senator from the state of Illinois are taking about shutting down the death penalty in states. The opening paragraphs from each piece...

"Death and Dixie: How the Courthouse Confederate Flag Influences Capital Cases in Louisiana"

Posted on January 19, 2011
The title of this post is the title of this interesting piece available via SSRN authored by two capital lawyers in Louisiana. Here is the abstract: This article explores the constitutional problems associated with flying the Confederate flag at a...

"Indiana's Answer to Prison Costs"

Posted on January 18, 2011
The title of this post is the headline of this New York Times editorial, which gets started this way: For states that are serious about trimming deficits, out-of-control prison costs are a good place to start cutting. The expenses of...

Should there be an age at which judges are no longer allowed to sentence defendants?

Posted on January 18, 2011
The provocative question in this title of this post is inspired by this provocative and effective articleby Joseph Goldstein at Slate headlined "The Oldest Bench Ever: Extreme aging in the federal judiciary ? and the trouble it causes." The piece...

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"The Moral Urgency of Crack Retroactivity"

Posted on January 18, 2011
The title of this post is the headline of this commentary by Julie Stewart, the president of Families Against Mandatory Minimums, which ran yesterday at The Huffington Post. Here is how it begins: On August 3, 2010, the nation's first...

Kansas considering getting tougher on repeat drunk drivers

Posted on January 18, 2011
This new piece from the Kansas City Star, which is headlined "Kansas considers sending repeat drunken drivers to prison," showcases my concern with state laws that are unduly lenient on drunk driving and also the appeal of technocorrections in this...

ACLU spotlights another severe crack sentence in its commutation project

Posted on January 18, 2011
As detailed in this new press release, which is titled "ACLU Files Commutation Petition On Behalf Of Man Serving Unjust Prison Sentence For Non-Violent Crime," the ACLU has another "poster-child" case in its ?Dear Mr. President, Yes You Can? project....

"Illinois death penalty decision leaves uncertainty"

Posted on January 17, 2011
The title of this post is the headline of this effective piece from the Chicago Tribune article providing the latest update concerning the limbo state of the death penalty in Illinois. Here is how the piece starts: Ten years after...

Notable report on latest developments in federal restitution awards in child porn downloading cases

Posted on January 17, 2011
The Wall Street Journal has this notable new piece , headlined "Fed prosecutors in NY get child porn restitution," reporting on some recent developments in the long-running saga concerning the awarding of restitution in child porn sentencings. Here are excerpts:...

Is there less discussion of race and criminal justice since Obama's election?

Posted on January 17, 2011
Long-time readers may recall that I generally make a habit of honoring Dr. Martin Luther King's Day by encouraging everyone to reflect on the historic and modern intersection of racial issues and criminal justice realities. I do so again today...

Can you believe prisons now have tanning beds ... in Russia?!?!?!

Posted on January 17, 2011
There is this amusing new prison story, headlined "Notorious Russian prison to get tanning beds," coming from the AP out of Moscow. Here are the details: A centuries-old Russian prison notorious for its primitive conditions will soon offer inmates a....

Is there growing momentum behind death penalty repeal efforts?

Posted on January 16, 2011
The question in the title of this post is motivated in part by the fact that Illinois is just a signature by its Governor away from becoming the 17th state in the US without the death penalty. But it is...

Real-life drama in China over crime and punishment of toll dodgers

Posted on January 16, 2011
As effectively explained in this BBC article, many fascinating aspects of China's criminal justice system is brought to light in an amazing and still developing story of massive toll evasion. Here are the details: The younger brother of a Chinese...

Notable new paper on the prosecution and sentencing of children for prostitution

Posted on January 16, 2011
Tamar Birckhead has this notable new paper, titled "The 'Youngest Profession': Consent, Autonomy, and Prostituted Children," posted on SSRN. Here is the abstract: Although reliable estimates do not exist, the data suggests that the number of children believed to be...

"Cost of sex offender program shocks lawmakers"

Posted on January 15, 2011
The title of this post is the headline of this interesting local article from Virginia. Here are excerpts: Lawmakers expressed shock Friday over the exponentially rising cost of a program to keep some sex offenders locked up after they complete...

California clemency controversy prompting talk of reform to clemency power

Posted on January 15, 2011
As detailed in this local article, which is headlined "Nunez sentencing controversy spurs legislation; Proposals would bar governors from 11th-hour sentence reductions," some legislators in California are talking about clemency reforms in response to what has been widely perceived as...

Infamous 93-year-old crime boss gets eight-year federal sentencing

Posted on January 14, 2011
As detailed in this New York Daily News piece, "Colombo underboss John (Sonny) Franzese could be out prison for his 100th birthday -- with time off for good behavior." Here is why: The 93-year-old gangster was sentenced Friday to eight...

Lots of (very little?) new guideline amendments proposed by US Sentencing Commission

Posted on January 14, 2011
As detailed in this official public notice now up on the USSC's website, "the United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary." Helpfully, this notice sets forth not only the proposed...

Some notable comings and goings from prison

Posted on January 14, 2011
Thanks to Google News, I saw these interesting headlines concerning some interesting folks headed to and leaving from prison: Palin E-Mail Hacker Imprisoned Against Judge's Recommendation Wife of Massachusetts Rep. Tierney Sentenced To Prison Former Louisiana Gov...

Alabama completes third execution of 2011 after brief SCOTUS stay

Posted on January 14, 2011
As detailed in this AFP article, "Alabama executed a convicted murderer late Thursday after the US Supreme Court denied a stay of execution for the man accused of killing his wife as she held their young child in her arms."...

Out-going PA Gov Rendell urges lawmakers to take look at state's death penalty

Posted on January 14, 2011
On the same day he signed six more death warrants, out-going Pennsylvania Gov. Ed Rendell wrote to his state's legislators to urge them to "re-examine the efficacy of the death penalty. This AP article provides some of the context for,...

Illinois Gov. Pat Quinn not yet telling (and perhaps not yet sure?) whether he will sign death penalty repeal

Posted on January 13, 2011
As detailed in this Chicago Tribune article, which is headlined "Quinn refuses to be pinned down on death penalty repeal," the governor of Illinois is being coy about whether he will sign or veto the death penalty repeal bill passed...

"The People?s Right: Reimagining the Right to Counsel"

Posted on January 13, 2011
The title of this post is the title of this interesting looking new article by Martin Guggenheim and now available via SSRN. Here is part of the abstract: This Article re-imagines the Sixth Amendment?s right to counsel, which has been...

Lawrence Taylor cuts a deal on NY state charges to avoid prison time after sex with 16-year-old

Posted on January 13, 2011
As detailed in this Bloomberg story, "[f]ormer New York Giants linebacker Lawrence Taylor will avoid jail time after pleading guilty to two misdemeanor charges for having sex with a prostitute." Here are more of the unsavory details: Taylor, 51, was....

Seventh Circuit affirms 210-month prison sentence for child porn dowloader/purveyor

Posted on January 13, 2011
Ayone who follows closely the discussion and debate over federal child pornography sentencing terms will want to be sure to check out today's work by the Seventh Circuit in US v. Mantanes, No. 10-1590 (7th Cir. Jan. 13, 2011) (available...

"Ohio man accused of having sex with a corpse says he didn't know woman was dead"

Posted on January 12, 2011
The headline of this AP story not only is impossible for this blogger to resist, but also is certain to be fodder for late-night talk-show hosts. Readers are, of course, welcome to come up with their own punchlines (and alternative...

Oral argument transcript in Sykes ACCA case

Posted on January 12, 2011
I am cautiously hopeful that the transcript of today?s Supreme Court oral argument in Sykes v. United States, which is now available here, will get me more excited about the eventual resolution of this case (backstory here). If/when it does,...

Texas Court of Criminal Appeals calls permanent halt to trial court capital hearing

Posted on January 12, 2011
As detailed in this local article, the "highest criminal court in Texas this morning permanently halted a Houston judge's hearing on the constitutionality of the state's procedures surrounding the death penalty." Here's more of the basics: State District Judge Kevin...

An appellate amicus brief in the Rubashkin case on sentencing issues

Posted on January 12, 2011
As regular readers may recall, and as detailed in this prior post, last summer a federal district court in Iowa decided to give Sholom Rubashkin a 27-year federal prison sentence for his leadership in a financial fraud involving his kosher...

"DeLay flunked attitude test?: Harsh penalty could be linked to lack of remorse, some experts say"

Posted on January 12, 2011
The title of this post is the headline of this intriguing article in today's Houston Chronicle, which follows up on the notable Texas prison sentence given to former House leader Tom DeLay. Here are excerpts: The three-year prison sentence meted...

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