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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.
Two sentence reversals from the Sixth Circuit
Posted on May 27, 2008As detailed at SCOTUSblog, the Justices returned from their barbeques without anything tasty for sentencing fans. Fortunately, the Sixth Circuit grilled up some sentences this morning in two opinion. Here are the basics as set forth each opinion's opening paragraphs:...
NY Times editorial calling for Rockefeller drug law reforms
Posted on May 27, 2008Today's New York Times has this editorial calling for drug sentencing reform in its home state. Here are highlights: Enacted in 1973, New York?s Rockefeller drug laws penalized some first-time drug offenders more severely than murderers. Named for Nelson Rockefeller,...
On Judge Nancy Gertner as blogger
Posted on May 27, 2008Thanks to How Appealing, I discovered this Boston Globe article discussing federal judge Nancy Gertner's recent blogging Slate's Convictions blog. (Of course, regular readers know that Judge Gertner's many provocative and thoughtful sentencing opinions have long made great blog fodder...
Can Congress help move the double-condemned to the front of the execution line?
Posted on May 26, 2008A helpful reader pointed me to this interesting local story from the Washington Post, headlined "Two Death Sentences In '88 Fairfax Killings." Here are snippets: A Fairfax County judge yesterday handed Alfredo R. Prieto two death sentences in the slayings...
Japanese working on IT approach to sentencing consistency
Posted on May 25, 2008This fascinating article from Japan indicates that the land that brought us the tech genius that is Super Mario Galaxy is trying a tech approach to sentencing consistency: Ahead of the introduction of the lay judge system, which will start...
Judging, politics, sentencing and elections
Posted on May 25, 2008Adam Liptak has this effective piece in today's New York Times headlined "Rendering Justice, With One Eye on Re-Election." Here are some highlights that should especially interest sentencing fans: The question of how best to select judges has baffled lawyers...
More proof all hot political issues become federal sentencing matters
Posted on May 24, 2008Two very different items in this news confirms what I love to tell my students: every hot political issue will in some way and at some time become a sentencing matter. Here is today's evidence: 1. The New York Times...
Seeking any and all reports from USSC conference
Posted on May 23, 2008I am eager to hear reports of any kind from the Seventeenth National Annual Seminar on the Federal Sentencing Guidelines, which wrapped up today down in Florida. I was supposed to attend/participate in this always amazing event, but life got...
Notable Adam Walsh Act ruling from Eleventh Circuit
Posted on May 23, 2008In a (per curiam) ruling discussing (and avoiding) various issues related to the Adam Walsh Act, the Eleventh Circuit today in US v. Madera, No. 07-12176 (11th Cir. May 23, 2008) (available here), reverses one of the first district court...
"Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences"
Posted on May 23, 2008This title of this post is the title of this new piece from Professors Nancy King and Susan Sherry appearing on SSRN that looks like a must-read for the long weekend. Here is the abstract: This Article tells the story...
A last-minute (and unexpected?) capital commutation in Georgia
Posted on May 22, 2008As detailed in this Reuters article, a "parole board in the state of Georgia spared a convicted killer from execution hours before he was due to die by lethal injection on Thursday and commuted his sentence to life in prison."...
Noting disparities in bail pending appeal, as Snipes gets bail
Posted on May 22, 2008Ellen Podgor has this interesting list of notable convicted defendants in high-profile white-collar cases who were granted or denied bail pending appeal. As detailed in this short local story, Wesley Snipes is now to be added to the list of...
Lots of sentencing action in the circuits
Posted on May 22, 2008A quick review of the circuit court websites reveals a whole lot of recent sentencing action: I see notable new rulings posted today coming from the First, Fifth, Sixth, Eighth and Eleventh Circuits. Perhaps the most notable of the bunch...
Alabama looks to God squad to do its public safety job
Posted on May 22, 2008This great post at The Faculty Lounge pointed me to this stunning local article about Alabama Governor's formal outreach to faith-based groups to help with prison reentry. The full article is a must-read, and here are just a few snippets:...
New study indicates success of state guideline systems
Posted on May 22, 2008This AP story reports on a new study providing empirical praise for states moving to guideline sentencing systems (even voluntary ones). Here are snippets from the AP report: State sentencing guidelines virtually erase discrimination in criminal punishments, regardless of how...
District court opinion takes apart career offender guideline
Posted on May 21, 2008Providing a fitting complement to Judge Nancy Gertner's recent work on what "similarly situated" means under the guidelines (discussed here), Judge Lynn Adelman has a new opinion deconstructing the career offender rules in US v. Seib, No. 07-CR-215 (E...
Life and death realities as states press on with the death penalty
Posted on May 21, 2008Lots of death penalty news and notes being well covered in the blogosphere: SCOTUSblog here reports that the Supreme Court has denied stay requests from the Mississippi defendant scheduled to be executed by tonight Grits for Breakfast here ruminates on...
A Ohio judicial plea urging the Ohio legislature to fix post-Blakely mess
Posted on May 21, 2008As detailed in this official press release and this local news report, a "134-year prison sentence for a man who tied up four people while ransacking their German Village-area homes does not violate the U.S. constitutional ban on cruel and...
Creative ('n suspect?) approach in notable white-collar case
Posted on May 21, 2008This report from the Orlando Sentinel of a high-profile white collar sentencing is sure to stir some buzz: Boy-band mogul Lou Pearlman was sentenced this morning to 25 years in federal prison for running a lengthy, systematic con that artificially...
New sentencing opinion assails guideline conception of "similarly situated"
Posted on May 21, 2008District Judge Nancy Gertner is in fine form with a new opinion in US v. Garrison, No. 07cr10142 (D. Mass. May 20, 2008) (available for download below). Though covering lots of important post-Booker ground, Judge Gertner takes particular aim at...
An Atkins claim and a lawyer's mistake before SCOTUS
Posted on May 20, 2008As detailed in this new post at SCOTUSblog, a last-minute appeal to the Supreme Court in a Mississippi capital case presents an intriguing twist on some always nettlesome death penalty issues. Here is a snippet from Lyle Denniston's great post:...
Some strange stuff in child porn prosecutions
Posted on May 20, 2008This CNN report about today's events in the child porn trial of recording artist R. Kelly provides an amusing twist on a serious subject: before "the 25-minute sex tape at the heart of the R. Kelly child pornography case" was...
Latest USSC data perhaps suggesting Gall effect
Posted on May 20, 2008Providing a great companion to its new crack retroactivity data (reported here), the US Sentencing Commission has some new post-Gall sentencing data now up on its website. The USSC's updated data report, which can be accessed here, is described this....
A ruling that must be wrong if the Second Amendment is about the right of self-defense
Posted on May 20, 2008The Third Circuit today in US v. Alston, No. 06-1559 (3d Cir. May 20, 2008) (available here), affirms a mandatory 15-year felon-in-possession conviction in yet another case that has to give serious pause to real fans of the Second Amendment....
Recalling the human realities of mass incarceration
Posted on May 20, 2008A helpful reader sent me a link to this potent essay titled, "Society of the Incarcerated: Acknowledging the Voices of America's Ever-Increasing Prison Population." The lengthy piece is worth a full read; here are some excerpts: Who talks about prisoners...
NBA on trial at bad ref's federal sentencing
Posted on May 20, 2008This New York Times article about the defense submission in preparation for the sentencing of former ref Tim Donaghy suggests the NBA is being indirectly put on trial. Here are the details: A lawyer for the former N.B.A. referee Tim...
Will Willie Mays Aikens be freed as a result of the new crack guidelines?
Posted on May 20, 2008Articles in the Kansas City Star and the The State indicate that a renown baseball player may be about to benefit from the new federal crack guidelines. Here are the basics of this sporting story: New sentencing guidelines might earn...
NY Times editorial on Second Chance Act
Posted on May 20, 2008Through this new editorial, the New York Times brings some needed attention to the new federal Second Chance Act. Here are excerpts: With prison costs soaring, many states are understandably desperate for ways to cut recidivism and increase the chances...
Updated USSC data on crack retroactivity
Posted on May 19, 2008I am pleased to see that the US Sentencing Commission has now updated its data on the retroactive application of the crack amendment on its website. Here is how the updated data is described: A set of tables presenting preliminary...
Has Illinois figured out "smart on crime"?
Posted on May 19, 2008Though perhaps this official press release from the desk of Illinois Governor Rod Blagojevich should be taken with a grain of salt, the reported news suggests that Illinois is doing strong work on the rentry front. Here are snippets from...
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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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