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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.
When Judge Posner asks and SCOTUS grants, the USSC responds
Posted on November 06, 2008I am pleased to not a cool new research report appearing on the US Sentencing Commission's website. The report is available at this link, and here is how it is described: In response to a suggestion in a decision by...
Another election day outcome with a sentencing twist
Posted on November 06, 2008This local story from Nebraska, headlined "Voters give short molester's judge the boot," provides this post-election update of a sentencing story from a few years ago: Cheyenne County District Court Judge Kristine Cecava of Sidney, Neb., who touched off a...
Spitzer dodges criminal prosecution
Posted on November 06, 2008As detailed in this article from the New York Law Journal, the former New York Governor apparently no longer has to worry about executive privileges in federal prison. Here are the basics: He may have lost his government job, but...
Taking a break for election reflections
Posted on November 05, 2008I could keep blogging up a storm today with more thoughts about what last night's election results might mean for sentencing law and policy. Though some others are already talking about what a new Obama administration might mean for drug...
Interesting Seventh Circuit ruling on experts at sentencing
Posted on November 05, 2008Though today is surely a day for post-election political buzz, the law beat goes on. And Judge Posner continues his tendency to produce buzz-worthy sentencing opinions for the Seventh Circuit with an opinion today in US v. Anderson, No. 07-3654...
Updates on drug policy and crime-related state initiatives
Posted on November 05, 2008This news report from Join Together provides an effective review of all the drug policy state initiatives that were considered by voters yesterday. Here is how the review begins: California voters yesterday soundly defeated closely-watched Proposition 5 and another drug-related...
South African court declares juve mandatory sentences unconstitutional
Posted on November 05, 2008A notable ruling yesterday from an intermediate appellate court in South Africa ought to interest not only comparative sentencing scholars, but also anyone interested in debates over whether international law ought to influence Eight Amendment interpretations in the United States...
"Will elections lead to sentencing reform?"
Posted on November 05, 2008The title of this post is the title of this FAMM e-gram authored by FAMM President Julie Stewart, which starts this way: How late were you up watching election returns last night? After a campaign season that seemed to last...
Has a mega-jury in Alaska essentially rejected the DC jury's conviction of Senator Stevens?
Posted on November 05, 2008There are so many sentencing stories worth discussing in the wake of the results of Tuesday's historic election. But the race and the issues that I am most focused upon this morning may take weeks to resolve, as detailed in...
Are we on the verge of a new changed era concerning federal sentencing law and policy?
Posted on November 05, 2008Yes I hope. I may be naive in thinking that the historic election results mark a significant turning point in the politics of crime and punishment, but I cannot help but be more hopeful as we begin a new era...
Rep. Tom Feeney loses House seat
Posted on November 04, 2008I am watching election results, and the first sentencing-notable result just came across the wire: Florida Representative Tom Feeney, famous for his sponsorship of the Feeney Amendment designed to limit judicial departure authority under the guidelines (in the pre-Booker days),...
Some recommended sentencing reading after we get federal election results
Posted on November 04, 2008While we all await election results, I though it might be fun to recommend some timely and timeless older sentencing literature from SSRN, all of which that seems worth reading (or re-reading) during the upcoming transition period. I doubt anyone...
VOTE, VOTe, VOte, Vote, vote, votE, voTE, vOTE, VOTE...
Posted on November 04, 2008or you have much less moral authority for complaining about the nature and direction of American laws and society!! In my sleepy little Ohio hamlet, I had to wait in line for nearly an hour to cast my vote on...
Any speculations on what this Election Day could mean for the death penalty?
Posted on November 04, 2008There are a number of state initiatives concerning sentencing and drug policy reforms that might provide a sense of some voters' current views on drug crime and punishment. But I cannot recall a single election story, either at the federal...
Insider trading leads to former UBS executive being inside prison for 78 months
Posted on November 03, 2008As detailed in this Reuters story, a former UBS executive is going to have to deal with a whole different kind of insider trading for more than six years in federal prison: A U.S. judge sentenced a former UBS AG...
Notable rulings on loss and other sentencing issues in AIG/Gen Re case
Posted on November 03, 2008Thanks to a helpful reporter, I now have a copy of a notable sentencing ruling in a notable white-collar case out of Connecticut. This AP story provides the background: A federal judge has ruled that shareholders of American International Group...
Supreme Court takes up "right to DNA evidence" case
Posted on November 03, 2008Though not dealing with a sentencing issue, the Supreme Court granted review today in a case that could have all sorts of ripples through prisoner rights' litigation. Here are the basics of the cert. grant from this SCOTUSblog post: The...
Another appellate issue for Senator Stevens?
Posted on November 03, 2008The latest legal news, as detailed in this CNN report, surrounding Senator Ted Stevens' trial and conviction is both comical and puzzling. Here are the basics: A juror who vanished during Alaska Sen. Ted Stevens' corruption trial told the judge...
More evidence that the death penalty is dying a slow death on the front lines
Posted on November 03, 2008One datum showing the slow death of the modern American death penalty is the very low number of executions nationwide. (There has not been in more than a few executions in 2008 in any state other than Texas.) But an...
The new USSC crack guidelines ... one year later
Posted on November 03, 2008Maryland's legal newspaper today has this effective article, headlined "Crack cocaine sentences, one year later." The piece reminds us that the US Sentencing Commission's new crack guidelines have now been in place for a full year, and it also provides...
Creating a (merit-based?) circuit court short list for the Prez candidates
Posted on November 02, 2008In the closing days of the Presidential campaign lots of attention has been given to judicial appointments, including possible appointments to the circuit courts as well as to the Supreme Court. (Recent examples come from Politico and the National Review...
Another notable criminal justice ballot proposition to watch in San Francisco
Posted on November 02, 2008This New York Times article, headlined "San Francisco?s Prostitutes Support a Proposition," provides a thoughtful review of another ballot initiative dealing with an interesting set of criminal justice issues. Here are excerpts: When Proposition K was added to Tuesday?s ballot,...
Prosecutorial misconduct or just standard operating procedures in Senator Stevens' prosecution?
Posted on November 01, 2008As previously noted in this post, right after Senator Ted Stevens was convicted earlier this week on seven felony counts of lying on his Senate disclosure forms, his lawyer Brendan Sullivan sent this letter of complaint to Attorney General Michael...
"If Elected ... Criminal Justice"
Posted on November 01, 2008I just noticed this installment of the New York Times series "If Elected," which is focused on criminal justice issues. Here are excerpts: As an Illinois legislator for seven years, Senator Barack Obama sponsored more than 100 bills on crime,...
Notable call for an execution moratorium in Texas
Posted on November 01, 2008This local story out of Austin, headlined "Exonerated inmates ask Texas to halt executions," reports on an effort by a notable group of individuals seeking death penalty reform: Twenty wrongly convicted men, freed from death rows across the country, stood...
Some structural SCOTUS weekend reading
Posted on October 31, 2008This week has brought lots of talk (some of it a bit kooky) about what kinds of Justices the next President might appoint. Against this backdrop, perhaps this weekend would be an ideal time to read some deep thoughts about...
Will Senator Stevens pay at sentencing for election-related comments?
Posted on October 31, 2008I was intrigued to see from this local reporting some of what Senator Ted Stevens had to say in a debate last night about his conviction earlier this week. Consider these excerpts: Stevens:... [T]he case is still pending on the...
You make the call: is AG Mukasey's costly personal travel important?
Posted on October 31, 2008I am not quite sure what to make of this new story from McClatchy Newspapers, headlined "Attorney general's private trips have cost taxpayers $155,800." Here are some details: Attorney General Michael Mukasey has taken personal trips on government jets almost...
Sentencing and drug policy reform initiatives to watch on Election Day
Posted on October 31, 2008The Drug War Chronicle has this fantastic new feature article, headlined "Drug Policy Reform and Sentencing Initiatives on the November Ballot." The article provides an effective review of all the big and little ballot initiative that sentencing fans should keep...
Bush Administration fails in Hamdan resentencing effort
Posted on October 31, 2008The Washington Post has this reporton the outcome of the resentencing efforts in the Hamdan case. Here are excerpts: A military judge has refused to reconsider the sentence of Osama bin Laden's former driver, forcing the Bush administration to either...
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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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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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