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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 quality of mercy is not strained, but its geography is notable
Posted on October 16, 2008Over at Pardon Power, P.S. Ruckman has this interesting new post titled "The Geography of Bush's Pardons." Here is how it starts: Here are some data on the distribution of President Bush's clemency decisions (157 pardons and 6 commutations of...
ACS proposals for next administration's Justice Department
Posted on October 16, 2008Though disappointingly light on criminal justice discussions, there are still a lot of interesting ideas to be found in a series of federal justice policy papers released today by the American Constitutional Society. The details and papers of this project,...
Notable appeal waiver ruling from the Third Circuit
Posted on October 16, 2008The Third Circuit today issued a long opinion addressing the enforceability of an appeal waiver in US v. Goodson, No. 06-4895 (3d Cir. Oct. 16, 2008) (available here). Here is how the opinion begins: Daniel J. Goodson appeals from the...
Intriguing little habeas sentencing ruling from the Seventh Circuit
Posted on October 16, 2008Yesterday the Seventh Circuit issued an interesting little decision in the habeas case, Burr v. Pollard, No. 07-4031 (7th Cir. Oct. 15, 2008) (available here). Here is the issue as described in the opinion: Burr renews his claim here that...
Is having an A-list, rich, beautiful girlfriend a mitigating sentencing factor?
Posted on October 16, 2008I love being able to call People magazine professional reading, and I can now do that due to the upcoming sentencing of actress Anne Hathaway's former boyfriend. Here is People's coverage of the ex-beau's latest sentencing arguments: Anne Hathaway's ex...
A last chance for a debate to bring up crime and punishment issues
Posted on October 15, 2008Everyone is suggesting that tonight's Presidential debate will look and feel a lot different than what has come before. I hope so, in part because a very different debate might lead finally to some national discussion of national crime and...
Two very different takes on Ice
Posted on October 15, 2008Two top-notch court watchers have two very different perspectives on what yesterday's oral argument in Oregon v. Ice might mean for the future of the Apprendi/Blakely line of Sixth Amendment cases. Lyle Denniston, in this long post at SCOTUSblog, starts...
Notable NY Times piece on drug courts
Posted on October 15, 2008The drug court movement continues to be getting a lot of good attention these days, and this article in the New York Times should further help the movement. The article is headlined "Courts Give Addicts a Chance to Straighten Out,"...
Around the criminal blogosphere
Posted on October 15, 2008There is lots of interesting new stuff to be found at some of my favorite criminal cyber-stops: Capital Defense Weekly Crime and Consequences Grits for Breakfast Pardon Power Sex Crimes Simple Justice White Collar Crime Prof In addition, a helpful...
New federal sex offender law (with Senator McCain's imprint?)
Posted on October 15, 2008Earlier this week President Bush signed into law two new statutes aimed at sex offenders. This official press statement from the White House provides a summary of the new laws: On Monday, October 13, 2008, the President signed the following...
"On Justifying Punishment: The Discrepancy between Words and Actions"
Posted on October 15, 2008The title of this post is the title of this interesting article from a social scientist that was recently posted on SSRN. Here is the abstract: This article reveals a discrepancy between the actual and stated motives for punishment. Two...
Yale LJ Pocket Part piece on Kennedy rehearing denial
Posted on October 15, 2008I am intrigued to see that the Yale Law Journal Pocket Part already has this new piece on-line concerning the Supreme Court's denial of rehearing in the Kennedy child rape case. The piece is by Bidish Sarma and is titled...
Ice oral argument transcript now available
Posted on October 14, 2008I have not yet had a chance to review the Ice oral argument transcript, but it is now available at this link. As explained in this preview post, the Ice case has the potential to heat up or cool down...
Some post-Booker SCOTUS doings from a per curiam and a dissent
Posted on October 14, 2008I thought the biggest sentencing news to come from the Supreme Court today would be either the denial of cert in the Troy Davis case (details here from the AP) or the oral argument in the Oregon v. Ice Sixth...
In praise of thoughtful judging on the Second Circuit
Posted on October 14, 2008I clerked for two different judges who still serve on the Second Circuit. For that reason and perhaps others, I am always partial toward the work of that Court (especially when one of my old bosses is involved). But, personal...
Ohio ready to return to execution business
Posted on October 14, 2008As detailed in this AP article, many of the potential legal and practical roadblocks have been cleared in order to allow Ohio to conduct its first execution in nearly 18 months. Here are specifics: A double murderer who says he's...
The little Ice case that could (but probably won't)...
Posted on October 13, 2008be a major Sixth Amendment ruling. As detailed here at SCOTUSblog, Tuesday afternoon the Supreme Court will hear argument in Oregon v. Ice, which explores whether the Apprendi/Blakely rule limiting judicial fact-finding at sentencing extends to determinations required under state...
Senator Webb continuing his important focus on US drug policy
Posted on October 13, 2008I am pleased to see from Senator Jim Webb's website that he will be hosting this Wednesday morning at George Mason University a symposium entitled "Drugs in America: Trafficking, Policy and Sentencing." The symposium details are set out on this...
Another example of the inevitability of technocorrections
Posted on October 13, 2008This local article from California, headlined "Technology to track criminals will expand," shows yet again why the smart money, especially in tough economic times, is going to bet on the future of technocorrections. I think this little article provides a...
Autumnal execution news and notes
Posted on October 12, 2008As detailed in this AP article, the pace of executions in Texas is poised to speed up over the next few months. Here is how the piece starts: The crowd on A-Wing A-Section at the Texas Department of Criminal Justice...
Washington Post notices USSC's look into incarceration alternatives
Posted on October 12, 2008The Washington Post had this notable article in its Sunday's paper headlined "Sentencing Panel Mulls Alternatives to Prison." Here are excerpts: As the nation's inmate population climbs toward 2.5 million, the U.S. Sentencing Commission is considering alternatives to prison for...
California's confusing efforts to do criminal justice by initiative
Posted on October 12, 2008With only weeks until election day, I found interesting this article from the Sacramento Bee, headlined "Justice issues collide on ballot." As the article explains, a set of diverse criminal justice issues are coming directly before California voters this fall...
Boston Globe noticing crime dogs not barking in 2008 campaign
Posted on October 10, 2008With all due respect to McGruff the Crime Dog (who has his own blog), I have been intrigued, somewhat amazed and consistently disappointed by how quiet the 2008 election season has been on issues of crime and punishment. I am...
A first sentencing echo from the economic meltdown?
Posted on October 10, 2008This new article from Corporate Counsel may reveal a first sentencing echo from some of the ugly doings on Wall Street. The piece is headlined, "Former Gen Re Lawyer Could Face Life in Prison: Federal prosecutors want Robert Graham to...
Eighth Circuit closes week with two notable sentencing opinions
Posted on October 10, 2008The Eighth Circuit issued two notable sentencing opinions today, and here are the unofficial summaries from the Circuit's website: United States v. Spikes, No. 08-1489 (8th Cir. Oct. 10, 2008) (available here): [Hansen, Author, with Riley and Melloy, Circuit Judges]...
Another defendant opts for a notable shaming sanction to avoid jail time
Posted on October 10, 2008A helpful reader pointed me to this notable local story from Wisconsin, headlined "Man Chooses To Hold 'I Was Stupid' Sign Instead of Jail Time." Here are the details: A judge gives a man a choice: Spend time in jail...
New ACS paper on racial disparities in the death penalty
Posted on October 10, 2008A new issue brief from the American Constitution Society authored by Scott Phillips addresses disparities in the modern administration of capital punishment. The paper is titled, "Racial Disparities in Capital Punishment: Blind Justice Requires a Blindfold," and is available at...
Making financial lemonade out of Lemoine
Posted on October 09, 2008The Ninth Circuit today issued an interesting technical opinion about restitution to victims in US v. Lemoine, No. 06-50663 (9th Cir. Oct. 9, 2008) (available here). Here is how Lemoine gets started: These consolidated appeals present the question of whether...
A case called Hope
Posted on October 09, 2008During election season, I love watching old campaign commercials (wonderfully assembled here) and reading old political speeches. Candidate Bill Clinton's speech at the 1992 Democratic convention was titled "A Place Called Hope," and I could not resist riffing off that...
One area in which bad times are good for business
Posted on October 09, 2008Last week I asked in this post, "When will the latest economic crisis become a criminal justice story?". Today, the New York Law Journal is on this story with this new piece, headlined "Criminal Prosecutions Predicted to Surge Over Financial...
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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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