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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.
New ACS issue brief urges " diverting and reclassifying misdemeanors" to save big bucks
Posted on December 16, 2010As detailed in this ACS blog post, there is a new paper from the American Constitution Society's series on the indigent defense system. This new "issue brief" is authored by Robert Boruchowitz and it is titled "Diverting and Reclassifying Misdemeanors...
Notable Montana Supreme Court ruling on sentencing rights and procedure
Posted on December 16, 2010As reporting in this effective local article, earlier this week the Montana Supreme Court "affirmed a one-year jail sentence for former Great Falls Mayor Gayle Morris for his role in the prostitution investigators said occurred at a bar and strip...
Notable Cato review of modern Bill of Rights on their day
Posted on December 15, 2010Tim Lynch has a this notable post (with losts and lots of links) at the Cato@Liberty blog under the simple heading "Bill of Rights Day." The whole post is worth checking out, and here are parts that highlight some criminal...
Indiana Governor gives blessing to state sentencing reform proposals
Posted on December 15, 2010As detailed in this local article, which is headlined "Daniels creating plan to limit prison population," it now seems even more likely that "changes are coming to Indiana's criminal justice system." Here is why: Gov. Mitch Daniels announced this morning...
"Right on Crime: The Conservative Case for Reform" officially launches
Posted on December 15, 2010I am pleased to be able to blog about an amazing and very important new group put together by movement conservatives to work on criminal justice issues, Right On Crime. The group appears to be the brainchild of folks like...
SCOTUS reflections in Harvard Law Review covers Graham and Padilla effectively
Posted on December 15, 2010I just got around to noticing that the traditional November Harvard Law Review issue reviewing the work of the prior Term of the Supreme Court is now fully available on-line here. Not surprisingly, this issue gives its greatest attention to...
"Top prosecutors oppose sentencing 'reform' proposals"
Posted on December 15, 2010The title of this post is the headline of this local Arizona article, which highlights the all-too-common efforts of some prosecutors (and their lobbyists) to advocate against reform efforts that would give sentencing judges great discretion. Here are some details:...
Tenth Circuit refuses to block Oklahoma's planned use of new drug in execution protocol
Posted on December 15, 2010As detailed in this local article a federal circuit court has now "allowed Oklahoma to proceed with executions, including one on Thursday, using a new lethal injection drug." Here's more: The 10th U.S. Circuit Court of Appeals rejected a death-row...
The interesting issues raised by Tapia, the new SCOTUS federal sentencing case
Posted on December 14, 2010A helpful reader this afternoon reminded me that I have not yet given enough attention to the really interesting federal sentencing case that the Supreme Court took up late last friday (as first mentioned here). The case is Tapia v....
New issue of Pace Law Review on need for prison oversight in US
Posted on December 14, 2010I received via e-mail a press release spotlighting this new issue of the Pace Law Review that all sentencing law and policy fans will want to check out. Here is how the press release begins: Latest issue of Pace Law...
One guess how this Seventh Circuit habeas state sentencing appeal gets resolved
Posted on December 14, 2010The Seventh Circuit handed down a notable decision today in Promotor v. Pollard, No. 09-2292 (7th Cir. Dec. 14, 2010) (available here), a case in which a defendant claimed his due process rights were violated during his state sentencing. The...
Another star going to NY prison for years for gun possession... and prompting more Second Amendment wondering
Posted on December 14, 2010As detailed in this news report, "Ja Rule became the latest US rapper to face jail on a gun charge, after pleading guilty Monday in New York to attempted possession of a weapon, prosecutors said." Here are the basics: Ja...
Nebraska lawmaker seeking to end LWOP for juveniles in state
Posted on December 14, 2010As detailed in this local article, which is headlined "Seeking an end to teens doing life," at least one Nebraska state legislator is eager to get rid of LWOP for all juvenile offenders. Here are the details: For State Sen....
Data and debate over a drop in death sentencing in Texas
Posted on December 14, 2010As detailed in this new Houston Chronicle article, which is headlined "Death sentences plunge in Texas: Foes cite new law, DNA testing; backers blame judges, delays in executions," in the year 2010 Texas juries "sentenced only eight killers to die...
"Releasing elderly non-violent prisoners would reduce Ohio deficit"
Posted on December 13, 2010The title of this post is the headline of this potent and effective letter to the editor in a local Ohio paper. Here are excerpts: How do you eat an elephant? . . . One bite at a time Ohio...
Supreme Court Justices are now doing reading on iPads and Kindles, when will law students?
Posted on December 13, 2010The question in the title of this post is prompted by this new video from a portion of a C-SPAN interview with new Justice Elena Kagan. The video is titled "Justice Kagan on Using a Kindle to Read Briefs," and...
New issue of The Nation magazine say ?Dare to End the War on Drugs?
Posted on December 13, 2010I just learned that the new December 27, 2010 issue of The Nation is focused on the modern realities and dynamics of the drug war. The introduction from the editors to the issue, which is available now at this link,...
A few defendants giving clemency thanks in Illinois and Ohio
Posted on November 25, 2010As detailed in these press reports, a few defendants are saying thanks for some holiday clemency grants in Illinois and Ohio: From the Chicago Sun-Times here, "Gov. Quinn approves 20, denies 48 clemency petitions" From the Columbus Dispatch here, "Strickland...
Student note about retroactive application of 2007 guideline crack amendments
Posted on November 24, 2010I just saw via SSRN this notable new student note forthcoming in the Michigan Law Review, which is titled "Falling Through the Crack: How Courts Have Struggled to Apply the Crack Amendment to 'Nominal Career' and 'Plea Bargain' Defendants." Here...
NYTimes op-ed assailing Obama's pathetic pardon practices
Posted on November 24, 2010George Lardner has this effective op-ed in today's New York Times, which is headlined "No Country for Second Chances." Here are excerpts: If by tomorrow he pardons no one but turkeys, President Obama will have the most sluggish record in...
Thankful that media is finally giving President Obama some pardon grief
Posted on November 24, 2010President Obama continued the modern trend of turkey pardons today, bringing his slemency record to turkeys 4, humans 0. Upon reviewing the news reports of this now-traditional Thanksgiving event, I was pleased to see these media outlets focused on President...
Illinois prisons bursting following end of early release program
Posted on November 24, 2010I just came across this notable recent piece from the Chicago Tribune, which is headlined "Illinois prison population surges to record high: Backlash over Quinn's early-release program plays role." Here is how it begins: Hard time has gotten even harder...
Former congressman Duke Cunningham lamenting decision to plead guilty for sentencing break
Posted on November 23, 2010As reported in this San Diego Union Tribune article, "Randy 'Duke' Cunningham, the disgraced former congressman from Rancho Santa Fe, said in an interview from prison that he regrets pleading guilty almost five years ago to conspiracy and tax evasion...
"Pro-Prosecution Judges: 'Tough on Crime', Soft on Strategy, Ripe for Disqualification"
Posted on November 23, 2010The title of this post is the title of this interesting new piece available via SSRN by Keith Swisher. I have been told that this article has been "adored by every criminal defender, public or private, who has happened to...
Federal district judges approves Oklahoma's use of animal drug for execution
Posted on November 23, 2010As detailed in this AFP piece, which is headlined "US court okays use of animal drug for human executions," a federal district judge yesterday "approved a drug normally used to euthanize animals for use in capital punishment in Oklahoma, clearing...
Former NC Governor to cop a state plea to end federal investigation
Posted on November 23, 2010This article from North Carolina, which is headlined "Easley agrees to plea deal," reports on an expected guilty plea from a former NC Governor that has interesting federalism (and honest services fraud) dynamics. Here are the basics: Former Gov. Mike...
Effective coverage of restitution realities in Philadelphia courts
Posted on November 22, 2010Yesterday's Philadelphia Inquirer had this notable piece about the limited payment of restitution punishments in its local courts. The piece was headlined "Victim restitution lags badly in Phila." and here is an excerpt: Convicted criminals in the city owe hundreds...
"Courts videoconference defendants to save money"
Posted on November 22, 2010The title of this post is the headline of this interesting piece from today's USA Today. Here are excerpts: Everyone is entitled to his or her day in court, but a growing number of people get it without setting foot...
Reviewing the limited impact of Graham in Florida
Posted on November 22, 2010Thanks to How Appealing, I just saw this lengthy article from the Sarasota Herald-Tribune, which is headlined "Juvenile offenders still get near-life terms." Here is how the piece gets started: More than six months after the U.S. Supreme Court ruled....
'Theorizing Mental Health Courts"
Posted on November 22, 2010The title of this post is the title of this new article by E. Lea Johnston that is now available via SSRN. Here is the abstract: To date, no scholarly article has analyzed the theoretical basis of mental health courts,...
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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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