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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.
Minnesota considering returning to indefinite prison over civil commitment for some sex offenders
Posted on March 16, 2011As detailed in this local Minnesota article, which is headlined "Bill seeks to keep sex offenders jailed," a state that pioneered determinate sentencing is thinking about a return to indeterminate sentencing for a notable class of offenders. Here are the...
"Drug Shortage Disrupts Lethal-Injection Mix"
Posted on March 16, 2011The title of this post is the headline of this new ABC News piece discussing both yesterday's new that the DEA has seized Georgia's lethal injection drugs (background here) and today's new that Texas is changing a key drug in...
Eleventh Circuit rejects notable ACCA selective prosecution claim
Posted on March 16, 2011The Eleventh Circuit today in US vs Jordan, No. 10-11534 (11th Cir. March 16, 2011) (available here) rejects an interesting selective prosecution claim brought by a Georgia defendant asserting that "prosecutors in the Northern District of Georgia target African Americans...
Judge Weinstein issues 420-page tentative opinion(!?!) indicating views on unconstitutionality of 5-year man min for CP distribution
Posted on March 16, 2011Today's New York Law Journal includes a remarkable report on US District Judge Jack Weinstein's latest remarkable "ruling" in a federal chil porn sentencing case. The article is headlined "Judge Battles 'Harsh' Sentence for Distribution of Child Porn," and here...
In memoriam: Professor Bill Stuntz
Posted on March 16, 2011I am saddened to learn from this post by Orin Kerr that Harvard Law Professor Bill Stuntz, whom Orin describes as "the leading criminal procedure scholar of his generation," passed away earlier this week after a long battle with cancer....
In Maryland, de jure death penalty repeal stalls as de facto moratorium persists
Posted on March 16, 2011Because of a once-motivated anti-death-penalty governor, there was a lot of talk a few years ago about Maryland abolishing its state's death penalty. But as reported in this notable Washington Post piece, which is headlined "Death penalty repeal gets hearing...
Eleventh Circuit distinguishes downloaders from producers in affirming kiddie porn stat max sentence
Posted on March 16, 2011The Eleventh Circuit has a notable and, in my view, important discussion of different types of child pornography offenders today in US v Dean, No. 09-16133 (11th Cir. March 16, 2011) (available here), in the course of affirming a 30-year...
Tapia's topic: Can federal judges lengthen prison terms based on treatment programs?
Posted on March 15, 2011I have not blogged recently on the really interesting federal sentencing case of Tapia v. US, which is to be argued before the Supreme Court next month, because I have had the pleasure and honor of helping Professor Stephanos Bibas...
Professor Jim Liebman speaking on modern death penalty today at OSU
Posted on March 15, 2011I am extremely pleased and extremely excited that today at The Ohio State University Moritz College of Law we will have the honor of Professor James Liebman from Columbia Law School giving our annual David H. Bodiker Lecture on Criminal...
"5 prisons to be put on block by state"
Posted on March 15, 2011The title of this post is the headline of this front-page article appearing today in my own Columbus Dispatch. Here are the details: While Gov. John Kasich's plan to sell four prisons promises to raise much-needed cash for the state,...
"DEA seizes Georgia's supply of lethal injection drug"
Posted on March 15, 2011The title of this post is the headline of this notable new article in the Atlanta Journal-Constitution about the latest chapter in the seemingly never saga over lethal injection drugs and protocols. Here is how the piece starts: The Drug...
Should a state be able to garnish a prisoner's wages to cover his incarceration costs?
Posted on March 15, 2011The question in the title of this post is one that came before the Illinois Supreme Court today, as detailed in this local article headlined "Illinois wants to collect inmate's prison wages." Here are the specifics: The Illinois Supreme Court...
"Supreme Court decision on sentencing guidelines gives judges more leeway"
Posted on March 14, 2011The title of this post is the headline of this new Washington Post article. Here are excerpts: This month, Pepper won his case in a victory that gives federal judges more leeway to provide second chances to the criminals who...
The latest news on one capital litigation front in North Carolina
Posted on March 14, 2011Though North Carolina has not had an execution in nearly five years, it has plenty of notable death penalty litigation on-going. Though I am not sure of the exact status of the on-going litigation over the state's Racial Justice Act,...
Honesty apparently not the best policy for one federal child porn defendant
Posted on March 14, 2011I believe in, repeat to my kids, and try to live by the credo "Honesty is the best policy." But this local story of a federal child porn sentencing in Alabama, headlined "Unregistered sex offender?s honesty about sexual urges lands...
Notable little Second Circuit ruling on DWI as criminal history
Posted on March 14, 2011The Second Circuit has an important and interesting little criminal history ruling today in US v. Potes-Castillo, No. 07-5518 (2d Cir. March 14, 2011)(available here), which starts this way: This appeal raises the question whether a conviction for driving while...
Fascinating backstory for why former judge Jack Camp does not even have a felony conviction
Posted on March 14, 2011Thanks to this lengthy piece by Robin McDonald at The Daily Report legal paper, which is headlined "Camp sentence: 30 days in prison; Prosecutors object to visiting judge converting Camp's felony plea to a misdemeanor," I have learned that former...
Oregon report indicates mandatory minimums transfer sentencing power to prosecutor
Posted on March 13, 2011As detailed in this local artice, which is headlined "Report on Oregon's Measure 11 incites fierce debate," there is a notable new report in Oregon about the impact of mandatory minimum sentencing in the state. Here are excerpts: A political...
Thoughs on "Giving Life After Death Row"
Posted on March 13, 2011I never got the chance to blog last week about the remarkable New York Times op-ed piece ?Giving Life After Death Row,? by Christian Longo, a condemned prisoner at Oregon State Penitentiary. Here are excerpts: Eight years ago I was...
Seventh Circuit rejects FSA's application to defendants sentenced after it changed crack statutes
Posted on March 12, 2011While I was checking out lots of culture and humanity in Las Vegas yesterday (explanation here), the Seventh Circuit issued an important new opinion concerning the application of the Fair Sentencing Act to pipeline cases in US v. Fisher, No....
Ninth Circuit permits withdrawal of plea based on Padilla and immigration concerns
Posted on March 12, 2011The Ninth Circuit has an interesting opinion concerning the withdrawal of pleas in US v. Bonilla, No. 09-10307 (9th Cir. March 11, 2011) (available here), which relies heavily on the Supreme Court's important Sixth Amendment ruling last Term in Padilla...
"Survivor" winner and tax cheat loser ordered back to federal prison
Posted on March 12, 2011As detailed in this local article, "Reality-TV star Richard Hatch ordered back to jail for nine months," a high-profile tax criminal is headed back to federal prison. Here are the specifics: It?s the sequel reality-TV star Richard Hatch didn?t want...
Off to Law, Culture and the Humanities conference... in Vegas, baby
Posted on March 11, 2011I am heading out this morning to Las Vegas to participate in the conference for tha Association for the Study of ???Law, Culture and the Humanities. Given that there is a lot of Culture and Humanity worth studying in Vegas...
Iowa debating how to respond legislatively to SCOTUS Graham ruling
Posted on March 11, 2011The second piece from a two-part series in the Iowa Independent about Iowa's response to the Supreme Court's Graham ruling is available here (the first piece is linked here). This piece is headlined "Bill seeks to conform Iowa law with...
"Ex-judge Camp sentenced to 30 days in prison"
Posted on March 11, 2011The title of this post is the headline of this Atlanta Journal-Constitution article providing the outcome of a high-profile federal sentencing today. Here are the details: Jack Camp, the former federal judge ensnared in a scandal involving drugs and a...
You be the judge: what federal sentence would you impose on former judge Jack Camp?
Posted on March 10, 2011As detailed in this brief article, headlined "Ex-Judge Prepares to Learn Fate," tomorrow is the scheduled sentencing for former US District Judge Jack Camp, whose 2010 arrest on charges of buying drugs, while carrying firearms, all as part of his...
Ohio completes first one-drug lethal injection with new execution drug
Posted on March 10, 2011As detailed in this AP article, "Ohio executed an inmate Thursday with only one drug, previously used primarily to euthanize animals, marking the first time anyone in the United States had been put to death in that manner." Here are...
Blagojevich moves to dismiss charges before retrial, which federal sentencing law kind of supports
Posted on March 10, 2011As detailed in this Chicago Tribune article, Rod Blagojevich's lawyers have now "asked a federal judge to throw out the remaining charges against the former governor because they have not been paid for months and are 'stymied' in their ability...
Noting the shift in how states are fighting the war on drugs
Posted on March 10, 2011I am just catching up on some reading and discovered this great article from a few days ago that appearing in the Wall Street Journal (along with the accompanying graphic). The piece is headlined "States Rethink Drug Laws: Treatment Gains...
Former top Maine prosecutor gets 16-year (below-guideline) federal prison term for child porn offenses
Posted on March 10, 2011Following up a notable federal child porn sentencing story I flagged here yesterday, as detailed in this new update, today Maine's "former top drug prosecutor [was told he] will spend 16 years in federal prison for his conviction on charges...
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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...

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...








