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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.
"Graham v. Florida: Justice Kennedy?s Vision of Childhood and the Role of Judges"
Posted on October 24, 2010The title of this post is the title of this new piece authored by Professor Tamar Birckhead and available via SSRN. Here is the abstract: This short article examines Graham v. Florida, the United States Supreme Court decision holding that...
"Survey shows legal pot measure failing"
Posted on October 23, 2010The title of this post is the headline of this Los Angeles Times article reporting on the latest polling numbers surrounding Proposition 19 in California. Here are the details: California's marijuana legalization ballot initiative, Proposition 19, is trailing badly, according...
A new kind of legal attack on lethal injection drug in Arizona
Posted on October 23, 2010As detailed in this New York Times article, which is headlined "Use of Drug Challenged in Death Penalty Case," lawyers for a condemned inmate in Arizona are trying a new legal attack on the state's lethal injection plans. Here are...
"Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection"
Posted on October 23, 2010The title of this post is the title of this new piece by Professor Stephanos Bibas now available via SSRN. Here is the abstract: Padilla v. Kentucky was a watershed in the Court?s turn to regulating plea bargaining. For decades,...
"Why the death penalty still exists in the US: Author ties the practice to slavery, racism"
Posted on October 22, 2010The title of this post is the headline of this book review appearing in today's Boston Globe. The review is of this new book by Professor David Garland, titled "Peculiar Institution America's Death Penalty in an Age of Abolition." Here...
"Mini-Madoff" gets mini-sentence that should still be a functional life sentence
Posted on October 22, 2010As detailed in this Reuters piece, which is headlined "Mini-Madoff Nadel Sentenced to 14 Years Prison," another high-profile Ponzi-schemer faced the sentencing music yesterday. Here are the basic details: Arthur Nadel, a fund manager whose $168 million fraud was one...
Discussion of race and criminal justice disparities by state Justices stirring debate in Washington
Posted on October 22, 2010Thanks to How Appealing (where there are lots of interesting criminal justice stories covered this morning), I saw this interesting article from The Seattle Timesheadlined "Two state Supreme Court justices stun some listeners with race comments." Here are excerpts: State...
Arguments made to Missouri Supreme Court against mandatory juve LWOP
Posted on October 21, 2010This local article, which is headlined "Mo. high court is asked to end mandatory life sentences for young killers," reports on a notable effort to extend the Supreme Court's recent Eighth Amendment work in Graham (with dash of Blakely throw...
"Couple get long prison terms in Kansas 'pill mill' case"
Posted on October 21, 2010The title of this post is the headline of this local article providing the outcome in a high-profile federal health care fraud case. Here are the details: Linda Schneider should carry most of the responsibility for her husband?s patients who...
Judge Bright laments post-Booker crack sentencing realities in Iowa
Posted on October 21, 2010Concurring in part and dissenting in part in an Eighth Circuit opinion in US v. Brewer, No. 09-3909 (8th Cir. Oct. 21, 2010) (available here), that is not otherwise that notable, Judge Myron Bright has a lot to say about...
Planned Missouri execution stays stayed over Sixth Amendment jury issue
Posted on October 20, 2010As detailed in this Kansas City Star article, the "planned execution of a convicted Kansas City killer was called off late Tuesday night after the U.S. Supreme Court refused to lift a stay of execution." Here are the particulars: Roderick...
Must-read speech from retired Justice Stevens about Harmelin Eight Amendment ruling
Posted on October 20, 2010Thanks to a posting by Tony Mauro via the NLJ's Supreme Court Insider, I just came across this remarkable speech about the Eighth Amendment and the 1991 Harmelin ruling from retired Justice John Paul Stevens. Here is how Tony describes...
Seventh Circuit joins Sixth and Eleventh Circuits in rejecting applicability of FSA to pipeline cases
Posted on October 20, 2010At the end of a lengthy opinion addressing other issues, a Seventh Circuit panel today in US v. Bell, No. 09-3908 (7th Cir. Oct. 20, 2010) (available here), weighs in concerning an issue that I know is being litigated in...
"Federal Judge Refutes Justice Department's Criticism Over Sentencing"
Posted on October 20, 2010The title of this post is the headline of this effective new article in today's New York Law Journal, which reports on an important recent sentencing opinion by Eastern District Judge (and former US Attorney) John Gleeson. Here are excerpts...
How and how much does lawyering impact sentencing outcomes?
Posted on October 20, 2010Nearly a decade ago, I wrote an article for the Iowa Law Review that sought to explore the question in the title of this post. (The piece was titled "From Lawlessness to Too Much Law? Exploring the Risk of Disparity...
New Mexico Supreme Court rejects Apprendi/Blakely challenge to judicial findings for juve bind-over
Posted on October 20, 2010As detailed in this brief local AP article, the New Mexico Supreme Court "has ruled it's constitutional for a judge to determine whether juvenile offenders can be sentenced as adults for certain violent crimes." Here are the basics: The justices...
"A 10th Amendment Drama Fit for Daytime TV Heads to the Supreme Court"
Posted on October 19, 2010The title of this post is the headline of this piece by Adam Liptak in today's New York Times. Here are excerpts (with the sentencing angle emphasized below): [The Supreme Court] has decided to consider what to do about a...
Noting a few notable cert denials
Posted on October 19, 2010Writing in the Christian Science Monitor, Warren Richey has two effective articles discussing notable cases with sentencing dimensions which the Supreme Court refused to take up this week: Supreme Court rejects Massachusetts felons' voting rights challenge Refused by Supreme Court:...
"Tax cheat sentenced to serve ? pizzas"
Posted on October 19, 2010The title of this post is the headline of this tasty local alternative sentencing story. Here are the details: Starting tonight and continuing every Tuesday for the next year, the more than 100 nightly diners at the Buffalo City Mission...
Potent dissent from Second Circuit's denial of en banc review of reversal of NYC federal death sentence
Posted on October 19, 2010As detailed in this order, the Second Circuit today has rejected the government's request for en banc review of a split panel decision reversing a high-profile federal death sentence. Background on this notable case can be found in this prior...
"Retribution and the Experience of Punishment"
Posted on October 19, 2010The title of this post is the title of this new forthcoming article from Professors John Bronsteen Christopher Buccafusco and Jonathan Masur that is now available via SSRN. It looks like the latest must-read for those interested in punishment theory....
Should many (perhaps most) women get alternative sentences for all non-violent crimes?
Posted on October 19, 2010The provocative gendered question in the title of this post is prompted by this notable article from today's Los Angeles Times discussing the success of the Second Chance Women's Re-entry Court. The piece is headlined "Court program helps women turn....
"Should kids be sentenced to life in prison?"
Posted on October 18, 2010The title of this post is the headline of this article from Wisconsin which effectively review the latest from in the battle over juvenile offenders getting LWOP sentences. Here are excerpts: In 1998, Omer Ninham was an abused 14-year-old child...
En banc Second Circuit rejects Apprendi challenge to NY persistent felony statute
Posted on October 18, 2010It has been quite some time since Sixth Amendment fans have had a big, split Apprendi/Blakely opinion to chew on. Today the Second Circuit has filled the void with a big, split en banc ruling in Portalatin v. Graham, 07-1599...
Justice Sotomayor dissents from cert denial in prisoner rights case
Posted on October 18, 2010The one notable action for criminal justice fans in today's SCOTUS orders comes via Justice Sotomayor's dissent from the denial of certiorari in Pitre v. Cain (available here). It starts and ends this way: Petitioner Anthony Pitre, a Louisiana state....
Update on sentencing debate over doctor and wife involved in (extreme!?!) health care fraud
Posted on October 18, 2010In this post from earlier this month, I noted the start of the sentencing debate surrounding a Kansas case in which the feds are seeking the harshest possible sentence, life without parole, for notable (white-collar?) offenses. This new AP story,...
"Former surgeon general calls for marijuana legalization"
Posted on October 18, 2010The title of this post is the headline of this new CNN piece. Here is how the piece starts and ends: Former U.S. Surgeon General Joycelyn Elders told CNN Sunday she supports legalizing marijuana. The trend-setting state of California is...
Obama Adminstriation promising to prevent states from expanding individual liberty and free markets
Posted on October 17, 2010Though a bit sharp, I think the title of this post is a fair and balance (and also accurate) description of this news report from the Los Angeles Times, which is headlined "Holder promises to enforce U.S. drug laws if...
"A Distributive Theory of Criminal Law"
Posted on October 17, 2010The title of this post is the title of this interesting-looking new piece by Professor Aya Gruber, which is in the October 2010 of the William and Mary Law Review. Here is the abstract: In criminal law circles, the accepted...
Media reports (inaccurately?) on public support for Atkins, Graham, Heller and Roper
Posted on October 17, 2010As detailed in this new press story, which is headlined "Public backs most high court rulings," a recent report suggests that the general public is generally supportive of the Supreme Court's recent pro-defendant Eighth Amendment rulings and pro-gun Second Amendment...
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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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