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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.
The persistent problems with fast-track disparity after Booker and Kimbrough
Posted on February 11, 2009One (of many) persistent post-Booker jurisprudence hot-spots concerns whether defendants who are not within so-called "fast-track" districts should be eligible for comparable early plea reductions when their cases are factually similar to those who get the benefit of such reductions...
"Deregulating Guilt: The Information Culture of the Criminal System"
Posted on February 11, 2009The title of this post is the title of this interesting new paper from the always interesting Professor Alexandra Natapoff. Here is the abstract: The criminal system has an uneasy relationship with information. On the one hand, the criminal process...
More ugliness revealed in prosecution of former Senator Ted Stevens
Posted on February 11, 2009This New York Times article provides more fascinating details concerning more of the ugliness surrounding the federal prosecution of former Alaska Senator Ted Stevens: An F.B.I. agent who worked on the investigation of Senator Ted Stevens of Alaska, who was...
Another prominent (minority) athlete in trouble for lying about steriod use
Posted on February 10, 2009The latest news on the steroid litigation front has to make Roger Clemens plenty worried. Here is today's steroid development as reported in this Bloomberg article: Houston Astros shortstop Miguel Tejada was charged with lying to Congress about performance- enhancing...
Why do defense wins in sentencing appeals often go unpublished?
Posted on February 10, 2009I tend not to be a strong believer in conspiracy theories, but this news story about a significant defense victory in an unpublished Fourth Circuit sentencing ruling leds me to again wonder why so many important defense wins in sentencing...
Another prominent federal felon gets prominent TV gig
Posted on February 10, 2009I always find it interesting how easy it is for the rich and famous to move past federal felony convictions. Martha Stewart, some may recall, made lots of money during her incarceration because her company's stock rose significant while she...
Next stop SCOTUS (or settlement) for California prison litigation?
Posted on February 10, 2009This morning's New York Times article about yesterday's tentative ruling by a three-judge panel in California's long-running prison litigation confirm my sense that this story has so many interesting dimensions. Here are snippets from the very effective article in today's...
The realties of family values in prison nation
Posted on February 10, 2009Yesterday I received via e-mail this new about a notable new report from the folks atThe Sentencing Project: A new analysis by The Sentencing Project highlights the growth in the number of incarcerated parents and their children since 1991. Incarcerated...
Washington Post urges Prez Obama to do better on clemency
Posted on February 10, 2009I was pleased to just discover that the Washington Post had this editorial yesterday that echoes my calls for President Obama to make better and more prominent use of his clemency power. The editorial is headlined "A Need for Mercy:...
SCOTUSblog to live-blog the SG confirmation hearings
Posted on February 10, 2009As detailed in this post, the folks at SCOTUSblog are going to make it easy to keep up today with the confirmation hearings for President Obama's nominee for Solicitor General (and Associate Attorney General): Note to readers: beginning at 10...
"Judges indicate they may order prison population reduced by 58,000"
Posted on February 09, 2009The title of this post is the title of this new piece in the Los Angeles Times. Here are the details of the prison crowding story coming out of California, which may quickly become the biggest story in prison nation:...
Gearing up for US Sentencing Commission's regional hearing in Atlanta
Posted on February 09, 2009I am very pleased to see from this new Atlanta Journal-Constitution article, headlined "Hearings to open on sentencing guidelines," that the coming start of the US Sentencing Commission's regional hearings is already getting some press. Here is how the piece...
"Elderly Offender Home Detention Pilot Program"
Posted on February 09, 2009The title of this post is the title of a one-page flyer (which is partially reprinted and linked below) that I received from a helpful reader. The flyer provides a few details concerning a new federal prisoner release program that...
Hoping someone in a town hall might ask Prez Obama about government spending for the drug war in prison nation
Posted on February 09, 2009This new entry at the White House blog reports that President Obama "is on his way to Elkhart, Indiana, for a town hall about the economic recovery plan. He'll talk for a bit, then take questions from the audience of...
"Effort to Track Sex Offenders Draws Resistance"
Posted on February 09, 2009The title of this post is the title of this important article in today's New York Times. Here are excerpts: An aggressive federal effort to keep track of sexual offenders is at risk of collapse because of objections from states...
More (overly?) optimistic predictions of reform
Posted on February 09, 2009Though I have been disappointed that the new era of hope and change inside the Beltway has not found expression in any serious talk of criminal justice reforms, the editorial pages are now filled with hopes for change. I noted...
Around the legal blogosphere
Posted on February 09, 2009There is lots of good reading on lots of different subjects worth check out around the blogosphere: From Concurring Opinions here, "Why the Innocent Are Punished More Harshly Than the Guilty" From How Appealing here, SJC sees possible bias in...
Alabama legislators discussing castration and other novel punishments for sex offenders
Posted on February 08, 2009This local story from Alabama describes a number of novel or near-novel alternative punishment for sex offenders being proposed in the state legislature: A bill introduced in the Alabama House of Representatives this week would require convicted sex offenders who...
A (too?) hopeful vision of the future for prison nation
Posted on February 08, 2009The New York Daily News has this notable op-ed, headlined "Bend America's prison bars: The time is ripe for penal reform." It starts with a call for reform and ends on a hopeful note: America's penal system needs a top-to-bottom...
"The Myths and Realities of Correctional Severity"
Posted on February 07, 2009The title of this post is the partial title of this fascinating new article by John Pfaff appearing at SSRN. The full title is "The Myths and Realities of Correctional Severity: Evidence from the National Corrections Reporting Program on Sentencing...
Another federal sentence for another athlete lying about steroid use
Posted on February 07, 2009Joining the federal sentencing sporting alums Marion Jones and Tammy Thomas, former NFL player Dana Stubblefield was sentenced yesterday for lying to investigators about steroid use. This San Francisco Chronicle story provides the basics: Former San Francisco 49er and Oakland...
Two different pieces about different justice problems inside the Beltway
Posted on February 07, 2009The Washington Post has two terrific recent pieces about two terrifically different concerns about the operation of justice systems inside the Beltway. Both of these piece are must-reads for very different reasons: One Young Offender's History in D.C...
Study on sex offender registration in New Jersey suggests its ineffectiveness
Posted on February 07, 2009This new story from New Jersey, headlined " Report finds Megan's Law fails to reduce sex crimes, deter repeat offenders in N.J.", ought to impact the debate over sex offender registration laws. I doubt it will, in part because (as...
Am I crazy to dream about a "Liberty Recovery Advisory Board"?
Posted on February 06, 2009As detailed in this Politico entry, today President Obama signed an executive order creating a new Economic Recovery Advisory Board. This press release and this official blog entry at the White House website provides more background, as well as the...
"Alternative Sentencing in the Federal Criminal Justice System"
Posted on February 06, 2009The title of this post is the title of this important new document now appearing on the US Sentencing Commission's website. Here is how the USSC's describes its contents: This publication provides an in-depth analysis of alternative sentences for federal...
Friday forum for prosecutors: Has Michael Phelps now been punished enough?
Posted on February 06, 2009The sports page of USA Today is asking here, "Is Michael Phelps' latest punishment fair?" Here is how they set up the inquiry: We see that USA Swimming has brought the hammer down on Michael Phelps. The organization has suspended...
Some state and international perspectives on child porn prosecutions
Posted on February 06, 2009As detailed in posts linked below, I have blogged a lot about seemingly disparate prosecutorial charging and judicial sentencing decisions in how the federal criminal justice system is dealing with child porn downloading cases. Thanks to a helpful reader, I...
Dueling editorials about the death penalty debate in Maryland
Posted on February 06, 2009The two major papers in Washington DC have these two dueling editorials about the on-going debate in Maryland concerning possible repeal of the state's death penalty: From the Washington Post here, "A Vote Against Cruelty" From the Washington Times here,...
Michael Phelps punished by USA Swimming with suspension
Posted on February 05, 2009Though extra-legal and thus not a traditional sentencing, this AP story details that Michael Phelps is already being punished for being caught taking a bong hit: Michael Phelps has been suspended from competition for three months by USA Swimming, the...
Latest faith-based executive order briefly mentions prisoner re-entry
Posted on February 05, 2009As detailed in this CNN piece, President Barack Obama issued this executive order today to rename and rework the White House's faith-based office. I was heartened to see the order included this little shout-out (highlighted by me below) for faith-based...
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He arrogantly insists, "let them come after us." Well, if you are invo...
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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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