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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.
Pennsylvania still trying to decide how to implement Atkins
Posted on August 29, 2010This local article details that, nearly a decade after the SCOTUS Atkins decision making mentally retarded defendants ineligible for execution, Pennsylvania is still trying to decide how to implement the ruling. The piece is headlined "Should a jury or judge...
A potent attack (from a US Sentencing Commission lawyer) on the make-up and commitments of law professors
Posted on August 29, 2010Thanks to notable (and mostly positive) buzz at law-prof blogs like Professor Bainbridge, TaxProf, Law Librarian, and PrawfsBlawg, I just came across this notable paper on SSRN, by Bruce Newton, which it titled "Preaching What They Don't Practice: Why Law...
"Prosecutors seek to revoke swindler's bond for lying about cancer"
Posted on August 29, 2010The title of this post is the headline of this amusing (though still serious) story from last week's Chicago Tribune. Here are the details: The government is asking a federal judge to revoke the bond of David Hernandez, saying he...
Paris Hilton perhaps facing hard time after arrest in Nevada for cocaine possession
Posted on August 28, 2010Thanks to Paris Hilton, we now have a party girl successor to Lindsay Lohan in another criminal justice tangle to follow on this blog. Here are the details via this new CBS News story: Celebrity heiress Paris Hilton was arrested...
"Anesthesia shortage may delay executions"
Posted on August 28, 2010The title of this post is the headline of this new USA Today piece. Here are excerpts: A nationwide shortage of several anesthesia drugs has left several states scrambling to find enough doses to carry out lethal injections ? potentially...
Second Circuit holds Apprendi precludes increased fine based on judicial fact-finding
Posted on August 27, 2010Today the Second Circuit handed down an interesting Apprendi decision in US v. Pfaff, No. 09-1702 (2d Cir. Aug. 27, 2010) (available here), a case which, as the Pfaff panel notes, has been called "the largest criminal tax case in...
Animal abuser registry proposed by county lawmaker in New York
Posted on August 27, 2010This local story reports on a novel proposal to expand the use of criminal registries to animal abusers. The piece is headlined "Suffolk law would place animal abusers on registry: Public could access names, photos of those convicted," and starts...
Debate in Hawaii over how tough to get on drunk drivers who kill
Posted on August 27, 2010This local story from our 50th state, which is headlined "Prosecutors, defense attorneys spar over sentencing of deadly drivers," highlights that sentencing judges are sometimes inclined to give a break to drunk drivers even when they kill. Here are excerpts:...
Notable plans (and materials) from the US Sentencing Commission
Posted on August 26, 2010The homepage of the website of the US Sentencing Commission now has up these two interesting new items and links: Public Comment on Commission's Proposed Priorities for the Amendment Cycle Ending May 1, 2011 Notice of Public Meeting of the...
In memoriam: William B. Saxbe
Posted on August 26, 2010For the last five years, I have had the great honor of having a great man's name in my title, as I have served as the William B. Saxbe Designated Professor of Law at The Ohio State University Moritz College...
"Blagojevich: Focus on Sentencing, Not a Retrial"
Posted on August 26, 2010The title of this post is the headline of this intriguing commentary by attorney Lonna Saunders at the Huffington Post providing advice to US Attorney Patrick Fitzgerald. Here are excerpts: Memo to US Attorney Patrick Fitzgerald: You won. Due to...
Two long and notable Eighth Circuit sentencing opinions
Posted on August 26, 2010One hallmark of the Eighth Circuit's sentencing work is its tendency to produce short and sweet (and usually pro-government) opinions. For this reason, in addition to the substantive analysis, two lengthy (and divided) opinions handed down today seem especially noteworthy...
Pepper providing a bit of spice to SCOTUS sentencing docket
Posted on August 26, 2010Here at the National Law Journal, Marcia Coyle has a new piece on the Pepper federal sentencing case on the Supreme Court's docket for the upcoming term. The piece is headlined "Brief of the Week: Conflict over rehabilitation and resentencing,"...
Does police misconduct justify (only) a sentence reduction by precluding the death penalty?
Posted on August 25, 2010The question in the title of this post is prompted by this interesting story about a state trial judge's ruling in a double-murder trial in North Carolina. The story is headlined "No death penalty in slayings of 2 Charlotte officers,...
California about to get tougher on sex offenders
Posted on August 25, 2010As detailed in this CNN story, which is headlined "California Senate passes tougher sentencing laws for sex offenders," a high-profile crime appears to be the impetus for another round of get-tough changes to sentencing laws in California. Here are the...
Another notable Second Amendment claim rebuffed by another federal judge
Posted on August 25, 2010As detailed in this local report, which is headlined "Federal judge orders BB-gun toting woman to serve sentence," the now-familiar pattern of lower federal courts refusing to give broad application to the Supreme Court's recognizition of individual Second Amendment rights...
Current and past US drug czars urge California to reject pro-pot Proposition 19
Posted on August 25, 2010In this new op-ed in today's Los Angeles Times, the current and all the past United States "drug czars" joined up to tell the fine citizens of the Golden State 'Why California should just say no to Prop. 19." Here...
A morning hit of marijuana headlines and stories
Posted on August 24, 2010A quick stop by Google news has led me to a number of interesting recent stories about marijuana legalization discussion and debates. Here is a sample: From the AP here, "Some Mass. towns give up on marijuana enforcement" From the...
The logic and rhetoric that drives ever harsher sentences for downloading child pornography
Posted on August 24, 2010Regular readers know that there is an on-going debate (resulting in considerable sentencing disparity) concerning the harshness of the federal sentencing guidelines for child pornography offenses. Against this backdrop, I found this new commentary at the Huffington Post by Lisa...
"Sentencing likely to await Blagojevich retrial"
Posted on August 24, 2010The title of this post is the headline of this new AP piece explaining why former Illinois Gov. Rod Blagojevich is unlikely to be sentenced until after prosecutors retry him on the many counts on which his first jury could...
"Innocence claim rejected: Troy Davis loses challenge"
Posted on August 24, 2010The title of this post is the title of this terrific synopsis by Lyle Denniston at SCOTUSblog of a big death penalty ruling handed down today. Here is the start of the post along with links to the looong ruling...
Can one be a committed retributivist without some deep belief in a higher power?
Posted on August 24, 2010After I wrapped up my all-too-brief discussion of traditional punishment theories in my first-year Criminal law class today, one of my terrific students asked me a variation of the question I have posed in the title of this post. In...
Sixth Circuit (sort of?) addresses post-Booker ex post facto issue
Posted on August 24, 2010Today at the end of a long opinion involving some interesting facts, a Sixth Circuit panel in US v. Lanham, No. 08-6504 (6th Cir. Aug. 24, 2010) (available here), has a short discussion of the circuit-splitting issue of whether the...
"Rethinking Proportionality Under the Cruel and Unusual Punishments Clause"
Posted on August 24, 2010The title of this post is the title of this terrific-looking new article by John Stinneford that is now available via SSRN. Here is the abstract: Although a century has passed since the Supreme Court started reviewing criminal punishments for...
Talk in China of economic crimes no longer being punishable by death
Posted on August 23, 2010According to this new AP article, "China, which executes more people each year than any other country, said Monday it is considering dropping capital punishment for economic crimes." Here's more: A draft amendment to the country's criminal code proposes cutting...
Texas counties having success with home-detention technocorrections alternative punishment
Posted on August 23, 2010This local story from Texas provides another example of all the cost-saving innovations in corrections finding a measure of success in the Lone Star State. The piece is headlined "Dallas County's alternative sentencing program lets low-level offenders do time at...
Interesting split Sixth Circuit ruling on Blakely-based habeas action from Ohio
Posted on August 23, 2010Hard-core Blakely fans and/or hard-core habeas fans will want to be sure to check out today's work by a split Sixth Circuit today in Cvijetinovic v. Eberlin, No. 08-3629 (6th Cir. Aug. 23, 2010) (available here). Here is how the...
Putting the punishment of stoning in some context
Posted on August 22, 2010Today's New York Times has this very interesting piece about a notorious punishment, which is titled "Crime (Sex) and Punishment (Stoning)." Here are excerpts: It may be the oldest form of execution in the world, and it is certainly among...
"Difference in sentencing of two juveniles highlights difficult issue"
Posted on August 22, 2010The title of this post is the headline of this local story out of California. Here is how it gets started: A 14-year-old south Modesto boy who killed a young father at a child's birthday party will likely die in...
What should be the take-away from the Blogo verdict and the Clemens indictment?
Posted on August 21, 2010Unsurprisingly, the two biggest federal criminal justice events of the week -- the incomplete jury verdict in the criminal trial of former Illinois Gov. Rod Blagojevich (noted here) and the indictment of former all-star MLB pitcher Roger Clemens (available here)...
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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...
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It seem sin your case that the fact you filed the complaint prior to being dissa...
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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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