(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
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.
Important (though incomplete) op-ed on mass incarceration and mercy
Posted on September 07, 2008Professor Carol Steiker has this interesting column in the Sunday Washington Post, headlined "Passing the Buck on Mercy." The piece begins by discussing the debate over the sentencing of long-time fugitive Susan LeFevre (background here), and then turns to making...
Talk of alternatives out west
Posted on September 07, 2008I am in the middle of a western swing: I had the honor of talking about sentencing at the Tenth Circuit conference this past Friday in Colorado Springs, and now I am in Tucson to participate in this great event...
Report that USSC is working on incarceration alternatives
Posted on September 06, 2008In the Wall Street Journal, Gary Fields has this effective piece discussing what the US Sentencing Commission might have in the works. Here are lengthy excerpts: The panel that sets sentencing guidelines for federal courts plans to focus on developing...
Third Circuit reasonably reviews rules for reasonableness review
Posted on September 05, 2008The Third Circuit's decision Thursday in US v. Sevilla, No. 07-1105 (3d Cir. Sept. 4, 2008) (available here), explains the circuit's standards for reviewing a sentence for procedural reasonableness. Here is how the opinion starts: Where, as here, a convicted...
Detroit mayor cops a plea (but not a great deal?)
Posted on September 05, 2008As detailed in this local story, headlined "Kilpatrick pleads guilty and resigns: Mayor to go to jail, pay $1M fine under felony deal," the extended drama and saga of Detroit's mayor ended in a plea deal: After six turbulent years...
Major Eleventh Circuit ruling on reach of crack retroactivity
Posted on September 05, 2008The Eleventh Circuit today in US v. Moore, No. 08-11230 (11th Cir. Sept. 5, 2008) (available here), has the first major circuit ruling about the reach of the retroactive crack guidelines. Here is how the decision starts: In this consolidated...
Effective NYU Center letter on USSC priorities
Posted on September 05, 2008I noted in this recent post the launch of New York University School of Law's Center on the Administration of Criminal Law, and now I am pleased to spotlight this letter that the Center sent to the US Sentencing Commission...
Another sentencing for Jack Abramoff
Posted on September 04, 2008As detailed in articles from the New York Times and the AP, Jack Abramoff is due to be sentenced on another set of corruption charges on Thursday. Here are a few details from the Times story: Jack Abramoff, the once...
Second Circuit affirms sentence increased over 16 years based on acquitted conduct
Posted on September 04, 2008Though obscured by other issues (including mob-related facts) and a complicated discussion of the conspiracy guidelines, it appears that the Second Circuit's decision today in US v. Yannotti, No. 06-5571 (2d Cir. Sept. 4, 2008) (available here), is another case...
The start of a sex offender sunglasses jurisprudence
Posted on September 04, 2008Thanks to How Appealing, I saw this fascinating article from the New Jersey Law Journal headlined "Judge Spooked by Sex Offender's Donning of Sunglasses Is Dressed Down on Appeal." Here is the start of the NJLJ article (which includes a...
"Ohio mom spared death penalty for microwaving baby"
Posted on September 03, 2008The title of this post comes from this AP account of a notable result in a high-profile capital case in my home state. Remember folks, before anyone proposes any crazy microwave-control legislation as a result of this case, microwaves do...
Some information about Governor Palin's criminal justice record
Posted on September 03, 2008Over at TalkLeft, Jeralyn has this long and details post headlined "Palin , Prisoners and the Alaska Prison System." Here is one snippet: Joe Schmidt heads up the Alaska Department of Corrections in her administration. The previous Governor, Frank Murkowski,...
The remaining circuit split over due process burden-of-proof requirements
Posted on September 03, 2008The Eighth Circuit decision today in US v. Garth, No. 07-2330 (8th Cir. Sept. 3, 2008) (available here), highlights in this footnote that there is still a split within the circuit over whether, even after Booker made the guidelines advisory,...
NYU's new Center on the Administration of Criminal Law
Posted on September 02, 2008I am very pleased to note the launch of New York University School of Law's Center on the Administration of Criminal Law, which describes its mission in its website this way: "The Center on the Administration of Criminal Law is...
Did the Supreme Court's work in Baze matter at all?
Posted on September 02, 2008The DPIC has this recent item discussing the details of the 20 executions in months since the Supreme Court "resolved" the constitutionality of lethal injection protocols through its decision in Baze v. Rees. When I look at the data, I...
The law blogosphere continues to grow...
Posted on September 02, 2008with the appearance of the Marquette University Law School faculty blog. I will be following this blog regularly, in part because I expect Professor Michael O?Hear to post with some regularity on federal criminal justice matters. In fact, he already....
The many notable stories in federal criminal caseload statistics
Posted on September 02, 2008For those who enjoy lies, damn lies and statistics, this relatively new official court data detailing the federal criminal caseload over various years makes for very interesting reading. For example, the data show that the number federal bank robbery prosecutions...
Delaware Supreme Court finds violation of Sixth Amendment speedy sentencing right
Posted on September 02, 2008Thanks to this local article, I discovered the interesting work of the Delaware Supreme Court last week in Harris v. State, No. 125, 2008 (Del Aug. 28, 2008) (available here). Here is the start of the newspaper account of the...
"Respect and Resistance in Punishment Theory"
Posted on September 01, 2008This title of this post is the title of this intriguing new article available via SSRN. The piece comes from the always interesting Professor Alice Ristoph, and here is the abstract: Is it coherent to speak of a right to...
Gay marriage debate in California goes to prison
Posted on September 01, 2008I often tell my students that important public policy issues always have a criminal justice angle. This AP article, headlined "Calif. Ponders Gay Marriage For Inmates: State's Corrections Department Drafting Guidelines To Conform To New Marriage Laws," proves that even...
Jail time in Alaska if you text and drive
Posted on September 01, 2008This local story from Alaska, headlined "Texting drivers now face jail time: Typing on road is as penalized as first DUI," highlights how states are getting serious in trying to deal with distracted driving. Here are a few details: Drivers...
Cert petition on video victim impact evidence
Posted on August 30, 2008This new post at SCOTUSblog discusses a very interesting case coming to the Supreme Court concerning victim impact evidence. Here is the start of the post: Nearly two decades ago, in Payne v. Tennessee (1991), the Supreme Court held that...
AP covers the remarkable story of (my client) Patrick Lett
Posted on August 29, 2008Long-time readers may recall prior posts about the sentencing and appeals of Sgt. Patrick Lett (many of which are linked below). As I have said before, I am so very proud to now represent Lett is (along with Douglas Cole...
Governor Palin, crime and punishment
Posted on August 29, 2008Last week I had this post reflecting on, and seeking comments concerning, what Senator Obama's selection of Senator Biden meant for how the Democrats would approach crime and punishment issues this fall. Now that John McCain has now made his...
Kiddie porn killed the radio star
Posted on August 28, 2008This local story about a high-profile federal child porn sentencing case made it impossible to avoid linking to the great first video ever shown on MTV. Of course, the specifics of the sentencing are no joking matter for anyone involved:...
BET special on felon disenfranchisement issues
Posted on August 28, 2008As detailed in this item from the Sentencing Project, BET News has a special segment running this weekend on felon disenfranchisement. Here is a description of the program: In ?Locked Out: Ex-Cons and the Vote,? BET News correspondent Samson Styles...
Another (too?) brief opinion rejecting misdemeanant's Second Amendment claim
Posted on August 28, 2008A helpful reader sent me a copy of the latest lower court ruling that declares that the constitutional right recognized by the Supreme Court in Heller is categorically unavailable to another group of individuals. The decision this time comes in...
Second Circuit upholds Sixth Amendment KPMG ruling
Posted on August 28, 2008In a significant ruling that will sure warm the hearts of all white-collar defense attorneys, the Second Circuit today has affirmed the Judge Lewis Kaplan's groundbreaking right-to-counsel Sixth Amendment ruling the the KPMG case. The decision in US v...
Awesome ABA conference on sentencing
Posted on August 28, 2008I just got this official brochure for a conference being put on by the ABA this October titled, "Sentencing Advocacy, Practice and Reform Institute." I was excited when invited to participate in the conference earlier this year; I am now...
Jack Abramoff getting cooperator's benefit
Posted on August 28, 2008This story, headlined "DOJ Seeks Reduced Sentence For Abramoff In D.C. Corruption Case," highlights in a high-profile setting the sentencing benefits of cooperating with the feds: Federal prosecutors are seeking a reduced sentence for imprisoned GOP lobbyist Jack Abramoff in...
Previous | Next
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,...
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...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
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...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material � 1999-2011 by USLaw.com. |