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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.
Should Tourette syndrome justify a reduced sentence for child porn offenses?
Posted on August 13, 2010The question in the title of his post is prompted by this interesting local press report on a federal sentencing here. The piece is headlined "Defense cites Tourette syndrome in case of New Castle man," and here are some of...
"The Role of Evidence in the Value of Plea Bargains"
Posted on August 13, 2010The title of this post is the title of this notable article on plea bargaining available via SSRN. Here is the abstract: It has been well established that a ?plea discount? or ?trial penalty? exists, such that defendants who plead...
"California borrows from budget to build new death row"
Posted on August 12, 2010The title of this post is the headline of this AP article, which gets started this way: Despite California's $19 billion budget deficit, Gov. Arnold Schwarzenegger's administration said Wednesday it will borrow nearly $65 million from the state's cash-strapped general...
Making the conservative case for ending pot prohibition in California
Posted on August 12, 2010A helpful reader forwarded to me this recent local commentary from California, which is headlined "Right should back pot measure." Here are parts of the arguments made by the authors: California conservatives in November should support Proposition 19, a ballot...
Sixth Circuit decides it lacks jurisdiction to review discretionary decision to deny a sentence reduction
Posted on August 12, 2010The Sixth Circuit has an interesting little panel decision today in US v. Bowers, No. 08-5595 (6th Cir. Aug. 12, 2010) (available here), which gets started this way: Although it has been over five years since the Supreme Court?s thoroughgoing...
Big Second Circuit split opinion on sentencing ex post facto issues in white-collar case
Posted on August 12, 2010The Second Circuit has a long and split sentencing opinion today in US v. Kumar, No. 06-5482 (2d Cir. Aug. 12, 2010) (available here), which gets started this way: Appeal by Defendants from separate judgments entered in the United States...
Victim requests restitution, so judge orders 21 years(!) of house arrest
Posted on August 12, 2010A helpful reader altered me to this notable local sentencing story from Philadelphia, which is headlined "Philadelphia-area thief gets 21 years house arrest." Here are the fascinating details: An office manager who admitted stealing $475,000 from her employer has been...
Another significant federal child porn restitution decision from NDNY district court
Posted on August 11, 2010Regular readers know that the issue of whether child porn downloaders should have to pay restitution to the victims portrayed in the pictures they possess has divided federal district courts. Another such decision and its import is highlighted in this...
The data and quantification challenges for criminal justice work and reform
Posted on August 11, 2010I have been noting in a number of recent posts (examples here and here) the challenges of assessing through data the on-going medical marijuana and pot prohibition reform movements. This interesting new op-ed by Amy Bach, which is headlined "Justice....
Notable Atkins capital habeas ruling from the Eighth Circuit
Posted on August 11, 2010The Eighth Circuit has an interesting discussion of the legal issues surrounding the Supreme Court's ban on the execution of the mentally retarded in the course of reversing the dismissal of a capital habeas action. The opinion in Jackson v....
Two must-reads from the latest issue of Governing
Posted on August 11, 2010The August 2010 issue of the magazine Governing has its cover story devoted to the interesting and important (and under-appreciated) story of corrections reform in the state of Mississippi. There are so many interesting parts to the stoty, I will...
"Pluralistic Ignorance and Punitiveness Towards Illicit Drug Users: Reactions to the Drug Fiends of Yesteryear and the Politicians of Today"
Posted on August 11, 2010The title of this post is the title of this interesting piece I just noticed on SSRN by Matthew Kugler and John Darley. Here is the abstract: Three studies found that Americans have less punitive attitudes towards drug users than...
Notable common-law discussion in Ninth Circuit alien-smuggling sentencing reversal
Posted on August 10, 2010I am gearing up for teaching Criminal Law to first-year students starting next week, and a new Ninth Circuit sentencing decision handed down today is helping me get in the mood. Specifically, in US v. Pineda-Doval, No. 08-10240 (9th Cir....
Ohio completes its seventh one-drug execution of 2010
Posted on August 10, 2010As detailed in this local story, here in Ohio a "man who admitted that he 'flipped out' and murdered two former coworkers and tried to kill a third in 1991 was put to death this morning." Here are the details:...
Can any tangible harms be directly traced to marijuana going mainstream in California?
Posted on August 10, 2010The Sacramento Bee on Sunday had this front-page report on marijuana's widespread use in California. The piece is headlined "Weed goes mainstream," and here are some of the highlights: As California voters prepare to decide in November whether to become...
Interesting ground-level perspective on needed NJ reforms for sentencing and corrections
Posted on August 10, 2010The Trenton Times has this interesting new op-ed headlined "To curb corrections costs, reconsider sentencing, parole." The piece is authored by David Shebses, who worked for many years at the East Jersey State Prison "as supervisor for education and then...
"119 N.C. death row inmates allege racial bias"
Posted on August 10, 2010The title of this post is the headline of this local piece from North Carolina providing the latest litigation update on the interesting death penalty story developing in the Tar Heel state. Here are the basics: Dozens of inmates around...
Effective new commentary on the ?categorical approach" to assessing past criminal history
Posted on August 10, 2010Anyone involved in federal sentencing debates over any offender with any serious criminal history knows (probably too well) the ugly jurisprudence that has developed int he circuit courts over how prior crimes are to be labelled. Helpfully, Doug Keller has...
"Unyielding law means sex offender can't stay, can't move"
Posted on August 09, 2010The title of this post is the headline of this new piece in the Miami Herald, which gets started this way: Joseph Mortimer and his wife took out an equity loan on their longtime home in Richmond Heights during the...
"Judge to fraudster: Play poker or go to prison"
Posted on August 09, 2010The title of this post is the evocative (and a bit inaccurate) headline for this report of a novel term of a state sentence of a white-collar criminal who is also a professional poker player. Here are the details: As...
Seeking "on-the-ground" reports on what is going on with crack sentencings
Posted on August 09, 2010It has now been almost two weeks since the House of Representatives voted in favor of the Fair Sentencing Act of 2010, and almost a full week since the FSA became law. Though I have now seen lots of editorials...
Is Ohio (and the common law) not tough enough on negligent vehicular homicide?
Posted on August 09, 2010The question in the title of this post is one inspired by this local story from the Columbus Dispatch, and one I am now planning to ask first-year students in my Criminal Law section later this month. The story is...
"Race Factor in Death Sentences"
Posted on August 09, 2010The title of this post is the headline of this notable new commentary atThe Huffington Post by Carol Turowski, who serves as Co-Director of the Innocence and Justice Clinic at Wake Forest University School of Law. Here are snippets from...
Innocence claim and execution pace prompting capital questions in Ohio
Posted on August 08, 2010The top headline on this front page of this Sunday's Columbus Disptach asks "Timeout From Death?" and follows with this subheading "Questions in the case of a man heading toward execution prompt calls for a review of Death Row cases...
Interesting series at The Guardian concerning the war on drugs
Posted on August 08, 2010The UK paper The Guardian has lately had a lot of interesting coverage of international drug policy issued and debates, much of which can be found at this topical page. And these three newest piece provide especially worthwhile weekend reading:...
"Private Prisons, Public Functions, and the Meaning Punishment"
Posted on August 07, 2010The title of this post is the title of this new article by Mary Sigler now available on SSRN. Here is the abstract: As the prison population in the United States soars, states and the federal government have come to...
NC defender officer urging that racial bias claims be brought in every capital case
Posted on August 06, 2010This local story provides an interesting update on the North Carolina debate and litigation over racial bias in the application of the death penalty: The state office that defends people facing death-penalty cases has urged defense attorneys to raise a...
Another judicious comment from the judiciary on Judge Kopf's "Brief and Modest Proposal"
Posted on August 06, 2010Regular readers may recall this engaging post from last week concerning providing federal sentencing data for particular judges, titled "'A Brief and Modest Proposal' ... an original essay from US District Judge Richard Kopf." That post in turn prompted a...
Interesting discussion of Eighth Amendment in review of constitutional interpretation books
Posted on August 05, 2010I find the Eighth Amendment to be among the most interesting and challenging provisions of the Bill of Rights to consider in the originalism/living document debate over constitutional interpretation. For this reason, I was intrigued to see this discussion of...
Notable discussion of the impact of civil commentment on sentencing sex offenders
Posted on August 05, 2010The Eighth Circuit handed down an interesting little ruling in a sex offender sentencing case today in US v. Jeffries, No. 09-3377 (8th Cir. Aug. 5, 2010) (available here). These excerpts from the opinion provides the highlights of the interesting...
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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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