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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.
Notable report on how one Florida case is dealing with the "uncharted territory" after Graham
Posted on October 10, 2010I just came across this interesting article from a local Florida paper, which is headlined "Supreme court ruling gives life-sentence prisoner hope: Man convicted of rape when he was 16 hopes to reduce prison time now that life sentences for...
Connecticut lawyers considering cost "defense" to hold off death sentence for multiple murderer
Posted on October 08, 2010A high-profile capital case in Connecticut, in which Steven Hayes has now been convicting in the murders of Jennifer Hawke-Petit and her two daughters, has much of the northeast discussing and debating the death penalty. And, as detailed in this...
Feds urging LWOP sentence for doctor and wife involved in (extreme!?!) health care fraud
Posted on October 08, 2010This AP article, headlined "Feds seek life sentences for doctor, wife convicted in overdose deaths case," details that the feds are seeking the harshest possible federal sentence in for notable (white-collar?) offenses. Here are the interesting particulars: Prosecutors have asked...
"Would Legalizing Marijuana Cut Law Enforcement Costs?"
Posted on October 08, 2010The question in the title of this post is the headline of this effective California piece taking a hard look at one aspect of the debate over the state's marijuana initiative on the ballot next month. Here are excerpts: Supporters...
Notable speech by AG Eric Holder about reentry at a notable EOEF event
Posted on October 08, 2010Speaking today at the European Offenders Employment Forum event taking place in DC (details here, EOEF website here), US Attorney General Eric Holder gave this lengthy (and important?) speech which has a lot of notable talk about US punishment, corrections...
Major Seventh Circuit ruling permitting judges to vary from guidelines based on fast-track disparity
Posted on October 07, 2010The Seventh Circuit has a major post-Kimbrough ruling today in US v. Reyes-Hernandez, No. 09-1249 (7th Cir. Oct. 7, 2010) (available here), which gets started this way: The Supreme Court?s decision in Kimbrough v. United States, 552 U.S. 85 (2007),...
"Mom taken for abortion at gunpoint"
Posted on October 07, 2010The title of this post is the headline of this remarkable local article that reads like an evil criminal law (or constitutional law?) professor's exam hypo. Here are the details: A Near East Side man pointed a gun at a...
Big Brother technocorrections to help Ohio keep track of sex offenders
Posted on October 07, 2010Somewhere George Orwell must be smiling as he reads about the latest technocorrections development in this Ohio editorial headlined "Tracking sex offenders." Here are the details: Ohio is moving proactively to keep better track of registered sex offenders...
"Real death-penalty crime: Not using it"
Posted on October 07, 2010The title of this post is the headline of this notable commentary by Michael Smerconish appearing in the Philadelphia Daily News. Here are excerpts: Poor Kim Pawlowski. First, she lost her police officer husband in February 2009, allegedly at the...
Learning from the French approach to white-collar crime and sentencing
Posted on October 07, 2010Forbes blogger Walter Pavl has this amusing new post titled "What Jerome Kerviel?s Sentence Could Teach Us In America." Here is how it begins: Jerome Kerviel, formerly of Societe Generale SA, was convicted this week in France of fraud and...
At FSU for "The Constitution in 2020: The Future of Criminal Justice"
Posted on October 07, 2010I have the great pleasure and honor of being in Tallahassee being hosted by the terrific folks at the Florida State University College of Law to participate in this event with an amazing group of people considering "The Constitution in...
"Mercy, Crime Control & Moral Credibility"
Posted on October 06, 2010The title of this post is the title of this new piece by the always interesting Professor Paul Robinson. Here is the abstract: If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much...
Contrasting perspectives on the death penalty in California
Posted on October 06, 2010In the wake of last week's capital craziness in California, the death penalty in the Golden State is being broadly discussed and debated. For example, the Huffington Post has this new commentary by Byron Williams, an Oakland pastor and columnist,...
SCOTUS examining potential liability for prosecutorial misconduct again
Posted on October 06, 2010Two very interesting cases come before the Supreme Court for oral argument today, and here are the basics via SCOTUSblog: Snyder v. Phelps: "Does the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on...
Young killer in Michigan making Graham-inspired constitutional argument against LWOP sentence
Posted on October 06, 2010This local story from Michigan, which is headlined "Life in prison for Eliason: ?cruel and unusual??," has me thinking a lot of (deep?) thoughts about the interplay between federal constitutional jurisprudence and state punishment practices. Lets begin with the basics:...
Ohio completes "record" eighth (uneventful?) single-drug execution of 2010
Posted on October 06, 2010As detailed in this local article, which is headlined "Ohio executes record eighth man this year," the Buckeye State continues to demonstrate its willingness and ability to keep the machinery of death humming. Here are some of the personal details...
"Federal judge charged with buying drugs from stripper"
Posted on October 05, 2010The title of this post is the headline of this Atlanta Journal-Constitution article reporting on a remarkable new federal criminal case. Here are some of the stunning details: A longtime federal judge was freed on a $50,000 bond Monday after...
Potent new report about prosecutorial misconduct in California
Posted on October 05, 2010The National Law Journal has this new article, headlined "Prosecutorial Misconduct Is Rarely Punished, Says New Study," which spotlight a potent new report about how prosecutorial misconduct is handled (or not handled) in California. Here are the basics: Only a...
"Tea Party = Pot Party?"
Posted on October 05, 2010The title of this post is the headline of this interesting and effective report at Mother Jones. Here are snippets: Last month in the nation's capital, Gary Johnson, a former governor of New Mexico and outspoken critic of big government,...
"Killer's death could be historic: State would hit new toll in era of lethal injections"
Posted on October 05, 2010The new story in my local Columbus Dispatch details the "historic" nature of Ohio's planned execution tomorrow of a defendant who murdered his girlfriend nearly two decades ago. Here are the basic modern details, with a little Ohio execution history....
Times Square bomber shows no remorse as he gets a LWOP sentence
Posted on October 05, 2010As detailed in this Wall Street Journal report, Faisal Shahzad's comments today as he was sentenced to a life prison term did not show any remorse for his efforts to detonate a bomb in Times Square. Here are the basics...
SCOTUS kicks off new Term considering application of gun mandatory minimums
Posted on October 04, 2010Though the new Supreme Court term does not have many obvious sentencing blockbusters in the works, the term kicks off today with a pair of sentencing cases. As detailed in this SCOTUSblog post, the two cases address the same basic...
"California's bloated prison system threatens public safety"
Posted on October 04, 2010The title of this post is the headline of this commentary in the Sacramento Bee authored by Jeanne Woodford, former director of the California Department of Corrections and Rehabilitation and former warden at San Quentin. Here is how it begins:...
Helping a district judge send a sentencing message to unscrupulous landlords
Posted on October 04, 2010A helpful reader sent me a copy of a recent notable white-collar sentencing decision by US District Judge Mark Bennett in US v. Miell, No. CR 07-101-MWB (D. Iowa Sept. 27, 2010) (available for download below). There are many notable...
Notable Third Circuit ruling on process requirements for prisoner sex offender classification
Posted on October 04, 2010The Third Circuit has a notable prisoner rights ruling today in Renchenski v. Williams, No. 07-3530 (3d Cir. Oct. 4, 2010) (available here), which gets started this way: Plaintiff Charles Renchenski is serving a life sentence without the possibility for...
"Erie and Federal Criminal Courts"
Posted on October 04, 2010The title of this post is the title of this fascinating-looking new paper from Wayne Logan available via SSRN. Here is the abstract: Today, low-level state and local criminal laws figure critically in federal prosecutions, serving as the initial bases...
"Bullying, Suicide, Punishment"
Posted on October 03, 2010The title of this post is the headline of this interesting and very effective piece in today's New York Times discussing the sad cybercrime case that emerged from Rutgers University this week. Here are snippets: Tyler Clementi may have died...
Reviewing the administration of the death penalty in Virginia
Posted on October 03, 2010The Richmond Times Dispatch has this new legnthy article, headlined "Many factors figure in death-penalty cases," concerning the administration of the death penalty in Virgina. Especially because Virginia reasonably can and likely would claim to have the most sound and...
"It's time for Oregon to get smart on crime"
Posted on October 03, 2010The title of this post is the headline on this lengthy and effective commentary authored by John Tapogna, who is president of an Oregon-based economic consulting firm and a former analyst for the U.S. Congressional Budget Office. Here are excerpts:...
Lots worth reading around the blogosphere...
Posted on October 02, 2010at some of my favorite Criminal Law blog places: Crime and Consequences CrimProf Blog Grits for Breakfast Prison Law Blog
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you should be getting a mileage comp. I own my own company and I pay my employee...
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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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