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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.
Judge Kent takes a deal (and now becomes the latest, greatest topic for sentencing debate)
Posted on February 23, 2009I have not blogged at all about the ugly allegations against federal judge Samuel Kent, but this latest news about his case from Mary Flood at the Houston Chronicle means that Judge Kent may soon to become my new post-Booker...
The inane and insane realities of federal felon-in-possession prosecutions and sentencings
Posted on February 23, 2009A little decision today from the Eighth Circuit, US v. Littrell, No. 08-1149 (8th Cir. Feb. 23, 2009) (available here), provides yet another reminder of how the federal felon-in-possession law is utilized to convict and sentence defendants for all sort...
SCOTUS action in assortment of interesting criminal justice cases
Posted on February 23, 2009As effectively detailed over at SCOTUSblog, the Supreme Court returned from its month-long break with a bunch of cert grants. And, as this post details, four of the six grants involve interesting criminal justice issues: Alvarez v. Smith (08-351) ?...
Shotgun killing by juvenile in PA raising lots of legal and other challenges
Posted on February 23, 2009The latest shocking killing by a very young juvenile offender, this one in Pennsylvania, is creating legal and other difficulties for the prosecutor who has to figure out to do with a unique type of offender. These challenges are noted...
How could more female offenders impact the reality and perception of sex offender sentencing?
Posted on February 23, 2009This new article from the Dallas Morning News, headlined "Child sex cases involving women are on the rise in Texas," discusses a notable trend in sex offense cases: The number of women serving time in Texas prisons for having sex...
"The last thing the Supreme Court needs: Another judge"
Posted on February 22, 2009The title of this post is the title of a new op-ed in the Chicago Tribune from Professor Timothy P. O'Neill. As regular readers know, this op-ed echoes some points I have been making whether SCOTUS appointments become a topic...
The capital punishment back-up in California
Posted on February 22, 2009The San Francisco Chronicle has this new front-page article, headlined "3 years later, state executions still on hold," detailing the messy status of capital punishment in California. Here is how the piece starts: It's been three years since the night...
Tennessee legislators talking reform of death penalty administration
Posted on February 21, 2009As detailed in this local article, headlined "Tennessee's death penalty laws need major reform, legislative group says," legislators in the volunteer state are talking about how to improve the state's administration of capital punishment. Here are details from the start...
Weekend reading on international sentencing
Posted on February 21, 2009Because I can barely keep up with major national sentencing trends, I am always grateful to see others keeping an eye on important international sentencing stories. Thus, I was excited to see this new piece on SSRN by Shahram Dana,...
More evidence Obama's DOJ is just not that into change in the criminal justice arena
Posted on February 20, 2009Tony Mauro has this interesting new post at The Blog of Legal Times, titled "SG Won't Disavow Bush Position in Controversial DNA Case." Here is how the post starts: The solicitor general's office has turned down a request by the...
Assessing the reality of modern prison growth
Posted on February 20, 2009A helpful reader alerted me to this new Slate article by Professor John Pfaff, titled "Reform School: Five myths about prison growth dispelled." The piece builds off John's terrific and terrifically important article on "The Myths and Realities of Correctional...
Pastor gets jail time for violating Oakland abortion clinic buffer-zone law
Posted on February 20, 2009Because I am always intrigued by the intersection of sentencing issues and religious issues, this local sentencing story out of California caught my eye: A pastor found guilty of violating a city law created to provide an 8-foot buffer between...
Will AG Holder really lead a "new birth of freedom" in prison nation?
Posted on February 20, 2009In addition to all the interesting advocacy for frank conversations about racial issues (details here), Attorney General Eric Holder articulated this potent commitment to freedom in his first major speech: Through its work and through its example this Department of...
Noticing that a death sentence is often practically a life sentence in Florida
Posted on February 20, 2009The Orlando Sentinel has this long article documenting the reality that defendants sentenced to death in Florida are just as likely to die while awaiting execution as being executed. The piece is headlined, "Justice denied? On Florida's death row, many...
Wisconsin Governor proposing early prison releases in state budget
Posted on February 19, 2009Add Wisconsin to the ever-growing list of states considering sentencing reforms in the hope of saving money through a reduced prison population. This local story provides the basic details: Wisconsin's estimated 22,000 inmate population could be seeing a significant reduction...
The latest news is the saga of "Sex, Lies and Variances"
Posted on February 19, 2009I reported in this post yesterday on the fascinating federal sentencing case that could provide the basis for screenplay titled "Sex, Lies and Variances." The latest news in the case comes from this Boston Globe article: Federal prosecutors today defended...
Another public and potent call to reinvigorate the pardon power
Posted on February 19, 2009Just appearing at The National Law Journal is former US pardon attorney Margaret Colgate Love's latest call to get the presidential pardon power working properly again. This latest piece, which is co-authored with another former pardon attorney, John Stanish, is...
Latest, greatest federal sentencing data run from USSC
Posted on February 19, 2009The US Sentencing Commission has some new post-Kimbrough/Gall sentencing data now up on its website. The USSC's updated data report, which can be accessed here, is described this way: Fiscal Year 2008 Post-Kimbrough/Gall Data Report: An updated set of tables...
Long and thoughtful ACCA analysis by Eleventh Circuit
Posted on February 19, 2009The Supreme Court in a series of recent opinions has provided new wisdom on what sorts of prior offenses qualify as a "violent felony? under the Armed Career Criminal Act. Today, the Eleventh Circuit has a long and thoughtful discussion...
Will AG Holder urge the criminal justice system to "examine its racial soul"?
Posted on February 19, 2009As detailed in this CNN article, Attorney General Eric Holder gave his first major speech yesterday, and it was a barn-burner about race relations and race discussions in the United States. Here is how the CNN piece describes the speech:...
Report documents new demographics of federal criminal justice system
Posted on February 19, 2009As detailed in this Los Angeles Times article, a new study details that Latinos now comprise the largest group of offenders prosecuted in federal court: Driven by a crackdown on illegal immigration, Latinos now make up by far the largest...
District judge asks questions about apparent "don't tell" sentence reduction
Posted on February 18, 2009The Boston Globe has this new report on a fascinating federal sentencing case that could perhaps provide the basis for a hot new screenplay that could be titled "Sex, Lies and Variances." Here are some of the juicy details: The...
House Republicans file brief in support of 30-year mandatory minimum sentence in Farley
Posted on February 18, 2009Regular readers may recall a notable district court opinion from last September (discussed in this post), which found unconstitutional a mandatory minimum term of 30 years imprisonment for a defendant who travelled across state lines in an effort to engage...
Seventh Circuit gives short shrift to drug dealer's Heller claim
Posted on February 18, 2009Though the result is not at all surprising, the Seventh Circuit's decision today discussing Heller is still notable for how (and how quickly) it disposes of a drug dealer's effort to claim that his home gun possession was constitutionally protected.....
The US Department of Justice's take of ARRA stimulus
Posted on February 18, 2009This new press release from the US Department of Justice details the monies that will be going to crime-fighting programs as part of the American Recovery and Reinvestment Act of 2009. Here is how the press release starts: Today President...
Federal sentencing fall-out from juve sentencing corruption
Posted on February 18, 2009Regular readers will recall last week's remarkable story of two Pennsylvania state judges who to plead guilty to taking millions in kickbacks to send teenagers to two privately run youth detention centers. This new local story reports on a fascinating...
States considering laying off the death penalty during tough economic times
Posted on February 18, 2009This new AFP story, headlined "US states may axe executions to cut costs," effectively reviews the growing talk of abolishing the death penalty in a few states: In an unexpected twist to the economic crisis, several US states are weighing...
More back-story on President Bush's resistance to concluding clemencies
Posted on February 18, 2009The New York Times has this new story with more on Dick Cheney major (failed) final push to get President Bush to pardon Scooter Libby (basics here). Among the notable aspects of this Times coverage are indications that President Bush...
"How Prosecutor Elections Fail Us"
Posted on February 17, 2009The title of this post is the title of this new piece on SSRN from Professor Ron Wright. I heard Ron present this work at an early stage, and it mines so many interesting and important issues from fresh perspectives....
Border agents, whose sentences were commuted by President Bush, released from prison
Posted on February 17, 2009CNN provide this update on the latest development in an oft-blogged case involving two former federal border agents. Here are the basics: Two former U.S. Border Patrol agents -- whose cases became flashpoints in the controversy over border security --...
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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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