Sentencing Law and Policy: Criminal Law

Home -> Law Blog Directory -> Criminal Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

New report on the consequences for kids with parents in prison

Posted on January 12, 2011
As detailed on this webpage, the folks at the research organization Justice Strategies have a new report focused on the nearly two million minor children with a parent in prison. The full report, which is available here, is titled "Children...

En banc Sixth Circuit struggles through relationship between 35(b) and 3553(a)

Posted on January 11, 2011
The full Sixth Circuit has a lot of interesting things to say about sentencing procedure and practice in a lot of opinions today in US v. Grant, No. 07-3831 (6th Cir. Jan. 11, 2011) (available here). Here is how the...

A (partial) account of deep split over application of FSA's new statutory terms to pipeline cases

Posted on January 11, 2011
US District Judge Gregory Presnell, whose first opinion on the application of the new Fair Sentencing Act to pending cases was posted here, has issued now another interesting FSR order entered earlier this week in US v. Green, Case No....

First public meeting of the new US Sentencing Commission

Posted on January 11, 2011
As detailed in this public notice, a public meeting of the US Sentencing Commission is scheduled for this afternoon. The public notice reveals that the USSC has one especially notable item on its agenda: "Possible Votes to Publish Proposed Guideline....

To access this complete feed in the blog feed reader login or register for free.

Missouri Governor commutes death sentence to LWOP based on innocence concerns

Posted on January 11, 2011
As detailed in this local article, "Missouri Gov. Jay Nixon on Monday commuted the death sentence of a convicted murderer to life in prison without parole." Here is more: Richard Clay was scheduled to be executed Wednesday for a 1994...

Feds make case to Third Circuit that corruption sentence too low for state senator

Posted on January 11, 2011
As detailed in this local article, which is headlined "Prosecutors argue for stiffer sentence for Fumo," a real interesting sentencing appeal is heating up in the Third Circuit. Here are the basics: Federal prosecutors Monday again ripped into a judge's...

SCOTUS blocks Texas execution, but Oklahoma completed second execution of 2011

Posted on January 11, 2011
As detailed in this AP story, Texas death row defendant "Cleve Foster?s lethal injection was stopped by the U.S. Supreme Court so it can further review [his] appeal. In the court?s brief order [which is available here], Justices Antonin Scalia...

Possible death penalty repeal in Illinois now in hand of Governor Pat Quinn

Posted on January 11, 2011
As detailed in this Chicago Tribune report, Illinois might soon add to the number of states that have legislatively repealed the death penalty in recent years. Here are the basics: A historic measure to abolish the death penalty in Illinois...

Spotting some deep issues in potential capital prosecution(s) of Jared Loughner

Posted on January 11, 2011
This AP article, headlined "Insanity Defense Could Be Difficult for Ariz. Shooting Suspect," talks through some legal issues surrounding the capital prosecution(s) of a high-profile mass murderer: In an earlier time, the emerging portrait of a deeply troubled young man...

Struggling to get psyched for Sykes, another ACCA case before SCOTUS

Posted on January 11, 2011
On Wednesday morning, the Supreme Court will hear oral argument in Sykes v. US, yet another case on the docket to resolve a circuit split over what prior crimes trigger the severe mandatory minimum prison terms in the Armed Career...

Notable lengthy dissent about Commerce Clause after denial of cert in criminal case

Posted on January 10, 2011
As detailed in this new post by Lyle Denniston at SCOTUSblog, two Justices "in a dissent that may reveal a new division in the Court over Congress?s power to pass legislation under the Commerce Clause, on Monday accused the Court...

Louisiana judges not using authority to order chemical castration for sex offenders

Posted on January 10, 2011
This local article from Louisiana, headlined "New law for sex offenders not used; chemical castration available, unapplied," reveals one reason why it is hard to find out if a chemical response to sex offending is really worth trying: Few, if...

Father of slain 9-year-old in Tucson calling for execution of shooter

Posted on January 10, 2011
As detailed in this New York Post article, which is headlined "Father of child killed in Giffords rampage wants death penalty," at least one victim of the shooting rampage this weekend in Arizona is already calling for the ultimate punishment...

Texas law providing wide discretion in sentencing of former House leader Tom DeLay

Posted on January 10, 2011
As detailed in this local article, which is headlined "Sentencing hearing to begin in Tom DeLay trial," former U.S. House Majority Leader Tom DeLay could soon get life imprisonment or get merely probation as a sentence following his recent state...

Tom DeLay gets three-year prison sentence for state conspiracy and money laundering convictions

Posted on January 10, 2011
As detailed in this local report, "[f]ormer U.S. House Majority Leader Tom DeLay today was sentenced to three years in prison for his conviction on a charge of conspiracy to commit political money laundering. He also was sentenced to five...

An obvious and ultimate case for the federal death penalty

Posted on January 09, 2011
The title of this post is my sentencing reaction to the tragic events that unfolded yesterday in Arizona when a young angry man went on a shooting rampage at the political event of Congresswoman Gabrielle Giffords. This CBS report on...

"Separate But Unequal: The Federal Criminal Justice System In Indian Country"

Posted on January 09, 2011
The title of this post is the title of this new article available via SSRN. Here is the start of the abstract: In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington...

What is a "very appropriate" sentence for sexual assault of an animal?

Posted on January 07, 2011
The question in the title of this post is inspired by this remarkable state sentencing story from Oregon, headlined "Woman sentenced for animal sex abuse." Here are the unpleasant details: A Jefferson woman was sentenced Thursday to 30 days in...

Former Governor Ryan briefly released from prison to visit dying wife

Posted on January 07, 2011
This local news report, which is headlined "Ryan secretly visited ailing wife, prosecutors say," updates an interesting high-profile story of prison policy and procedure. Here are the particulars: Former Gov. George Ryan visited his ailing wife Wednesday night for two...

Illinois house in close vote approves death penalty ban

Posted on January 07, 2011
As detailed in this Reuters report, the "Illinois House on Thursday voted to ban the death penalty, moving the measure on to the Senate a decade after a moratorium on executions was put into place by former Governor George Ryan."...

"A Good Place to Start Cutting"

Posted on January 07, 2011
The title of this post is the headline of this editorial in today's New York Times, which gets started this way: Gov. Andrew Cuomo struck just the right tone on both adult prison reform and juvenile justice reform in his...

SCOTUS takes up two plea bargaining cases and another ACCA

Posted on January 07, 2011
Big late Friday news for sentencing fans from the US Supreme Court, as the Justices decided to add three new criminal cases to its docket. Here is an effective description of the new cases from this post at SCOTUSblog: In...

Newt Gingrich says "criminal justice system is broken, and conservatives must lead the way in fixing it"

Posted on January 07, 2011
The quoted phrase in the title of this post comes directly from this potent Washington Post op-ed authored by Newt Gingrich and Pat Nolan, which is headlined "Prison reform: A smart way for states to save money and lives." Here...

"Sensenbrenner Named House Crime Subcommittee Chair"

Posted on January 07, 2011
The title of this post come from the headline of this report via The Crime Report. Here are the details of an important sentencing law and policy echo of the new leadership in the US House of Representatives: Representative Jim...

Brutal Ohio mass murderer cops plea and avoids death penalty

Posted on January 06, 2011
As detailed in this local story, which is headlined "Knox County man pleads guilty in dismemberment slayings; Matthew Hoffman could be sentenced to life in prison," a high-profile Ohio multiple murder case is now a (simple?) sentencing case after a...

Why shouldn't imprisoned former Governor George Ryan get released to see his dying wife?

Posted on January 06, 2011
The question in the title of this post is prompted by this AP article, headlined "Jailed ex-Illinois gov. asks to visit gravely ill wife." Here are the basics: Family members of imprisoned former Illinois Gov. George Ryan have gathered at...

Payback (political or justified?) for (excessive?) judicial scrutiny of the death penalty

Posted on January 06, 2011
As detailed in this local article, which is headlined "Judge Robert Chatigny Drops Off Obama's List Of Nominees For 2nd Circuit Court Of Appeals," there was one notable name missing from the list of judicial re-nominatations put forward by President....

Oklahoma completes first execution of 2011

Posted on January 06, 2011
As detailed in this AP story, in Oklahoma an "inmate was executed Thursday for the murder of a convenience store worker found brutally beaten with a baseball bat almost 16 years ago." Here's more: Billy Don Alverson, 39, was pronounced...

Two 2011 must-reads for sentencing fans from the Duke Law Journal

Posted on January 06, 2011
A little law review surfing proved fruitful this afternoon when I discovered that the January 2011 issue of the Duke Law Review is already available on-line and it includes these two must-reads for sentencing fans: this article by Ty Alper...

Another district judge rules FSA terms should apply to not-yet-sentenced defendant

Posted on January 05, 2011
US District Judge Gregory Presnell, who long ago already secured a place in my Sentencing Hall of Fame, garners still more appreciation from me for a little order entered earlier this week in US v. Johnson , Case No. 6:08-cr-270-Orl-31KRS...

Previous | Next

Related Law Bulletins

Japan's International Child Abduction Policy
By Kirsten Brown (AXcess News) Washington - Four fathers quietly f...

Eminent domain, demographics and immigration policy
On the face of it, you may be wondering what eminent domain,...