(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
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.
A few not-so-accurate headlines about Congress's work on crack sentences
Posted on July 29, 2010One can find lots and lots of effective traditional media coverage of yesterday's work by Congress to finally pass a bill to reform crack mandatory minimum sentencing provisions (basics here). However, in looking over some of the headlines in Google....
Third Circuit rejects Second Amendment attack on federal crime of possessing gun with obliterated serial number
Posted on July 29, 2010The Third Circuit has a very detailed and interesting discussion of Heller and the Second Amendment's impact on gun possession prohibitions and regulation today in US v. Marzzarella, No. 09-3185 (3d Cir. July 29, 2010) (available here). Here is how...
Split en banc Eleventh Circuit rules child molester's 17½-year sentence substantively unreasonable
Posted on July 29, 2010I had an inkling that the full Eleventh Circuit was working on a doozy of an opinion in US v. Irey, a child sex sentencing case in which the circuit nearly a year ago granted en banc rehearing sua sponte...
Questions and more questions as a reformed crack bill heads to the President's desk
Posted on July 28, 2010As reported here, the House of Representatives, by voice vote, finally approved the compromise federal sentencing bill reducing the disparities between mandatory crack and powder cocaine sentences, sending the measure to President Barack Obama for his signature...
House of Representatives seems poised to finally pass federal crack/powder disparity reform bill
Posted on July 28, 2010As detailed in this new AP article, which is headlined "Congress seeks to narrow gap in cocaine sentences," it appears that the House of Representatives is today going to approve the compromise crack sentencing reform bill that made it though...
Second Circuit reverses below-guideline child porn sentence as procedurally unreasonable
Posted on July 28, 2010The Second Circuit continues its robust work on reasonableness review in child porn cases with an intriguing new little decision reversing a below-guideline sentence in US v. DeSilva, No. 09-2988 (2d Cir. July 28, 2010) (available here). The opinion starts...
"Japan hangs two, announces review of death penalty"
Posted on July 28, 2010The title of this post is the headline of this notable press report on death penalty developments in the land of the rising sun. Here are the detais: Japan's justice minister, a foe of capital punishment, announced a review of...
New York Times editorial urges review of white-collar and child porn sentences
Posted on July 28, 2010This morning's editorial page of the New York Times includes this thoughtful piece titled "Rethinking Criminal Sentences." Here are excerpts: Sentencing for white-collar crimes ? and for child pornography offenses ? ?has largely lost its moorings,? according to the Justice...
"A Brief and Modest Proposal" ... an original essay from US District Judeg Richard Kopf
Posted on July 28, 2010I am very pleased to be able to reprint a timely e-mail that landed in my in-box this afternoon from Richard G. Kopf, United States District Judge for the District of Nebraska. Here is the Judge's wind-up and pitch: I...
Lower courts struggling to figure our Padilla's retroactive impact
Posted on July 27, 2010The New York Law Journal has this interesting new piece, headlined "Courts Differ About Retroactive Effect of High Court Counsel Ruling," which spotlights lower courts struggling to implement the Supreme Court's work in Padilla. Here are excerpts: In Padilla, 130...
Lengthy Third Circuit discussion of crack retroactivity issue that has split the circuits
Posted on July 27, 2010A Third Circuit panel decision today US v. Flemming, No. 09-2726 (3d Cir. June 27, 2010) (available here), provides a thoughtful and comprehensive account of a little sentencing issue that has divided the circuits. Here is how the lengthy opinion...
Is polling on Proposition 19, California's pot legalization initiative, subject to a "Broadus Effect"?
Posted on July 27, 2010A helpful reader pointed me to this fascinating post by Nate Silver over at FiveThirtyEight under the heading "The Broadus Effect? Social Desirability Bias and California Proposition 19." Here are excerpts: The three automated surveys all have Prop 19 passing...
"An Open Letter to Lindsay Lohan from the ACLU"
Posted on July 27, 2010The title of this post is the descriptive heading given to this page at the ACLU of Southern California. I praise the ACLU for trying to turn LiLo's experiences into a teachable moment, and here are excerpts from the letter:...
House approves creation of National Criminal Justice Commission
Posted on July 27, 2010Though we still await action from the House of Representatives on reform of the crack sentencing statutes, here is some notable news from the people's chamber (as reported via an e-mail from The Sentencing Project): The House of Representatives today...
New paper with an important criminal justice take on Arizona?s SB1070 immigration law
Posted on July 27, 2010Two of my favorite Arizona professors, Jack Chin and Marc Miller, have this important new piece on some of the criminal justice implications of Arizona's new immigration law. The piece is titled "Cracked Mirror: State Regulation of Immigration through Criminal...
Heading off to hear about how Ohio should reinvest in justice
Posted on July 26, 2010I am about to head off-line for the day to attend a conference at which the Council of State Governments' Justice Center will present its first findings as part of Ohio's involvement in CSG's Justice Reinvestment project. This AP article,...
Is the House finally about to pass the compromise crack/powder reform bill?
Posted on July 26, 2010As regular readers know, there has mostly been radio silence in the House of representatives concerning reform of federal crack/powder statutes since the Senate passed a compromise reform bill back in March. But lately there has been a lot more...
Following the money as the marijuana laboratory of California is heating up
Posted on July 26, 2010This new report from Reuters, which is headlined "High finance and corporate pot, California style," highlights just some of the reasons why the California initiative to legalize marijuana is potentially such a big deal. Here is a snippet from the...
Despite Baze ruling, defense lawyers in Kentucky still pushing for one-drug execution protocol
Posted on July 26, 2010This new local article from Kentucky provides proof that even a Supreme Court smack-down does not seriously deter the efforts of capital defense attorneys to block execution. The piece is headlined "Attorney seeks to force change in execution method: Three-drug...
New York about to require ignition locks as mandated punishment for drunk driving
Posted on July 26, 2010I am pleased to see this new New York Law Journal piece, headlined "Drunken Drivers in N.Y. Must Install Devices to Monitor Alcohol Use," reporting that the Empire State is about to mandate a seemingly effective form of technocorrections for...
"From Error Toward Quality: A Federal Role in Support of Criminal Process"
Posted on July 26, 2010The title of this post is the title of the latest issue brief from the folks at the American Constitution Society dealing with criminal justice matters. This issue brief can be accessed here, where this overview can also be found:...
Notable discussion of federal child porn sentencing in Connecticut
Posted on July 26, 2010The Connecticut Law Tribune has this notable new piece on federal child porn sentencing headlined "Discretion Debate: Study, attorneys note inconsistent sentences in child pornography cases." Here are excerpts: The arrests and convictions are in the news every week, and...
Notable front-page pieces from the Sunday NYTimes
Posted on July 25, 2010These two long pieces appearing on the front-pages of my New York Times both seemed Sunday blogworthy: The Most Conservative Court in Decades Drivers on Prescription Drugs Are Hard to Convict
"Jail Source: The Inmates Are Sick of Lindsay Lohan"
Posted on July 25, 2010The title of this post is the headline of this new People magazine piece that provides a LiLo update for sentencing fans. Here are the particulars: As far as reports go, Lindsay Lohan is eating the same meals as regular...
New research suggests race of victim impacts NC death penalty administration
Posted on July 24, 2010This new AP article, headlined "Researchers find race disparity in NC death cases," reports on a new study that suggests how race impacts the administration of capital punishment in the Tar Heel State. Here are the details: A convicted killer...
Tenth Circuit dodges Second Amendment issue in gun possession prosecution involving self-defense claim
Posted on July 23, 2010The Tenth Circuit handed down a notable decision today in US v. Pope, No. 09-4150 (10th Cir. July 23, 2010) (available here), in which the panel dodges a potentially challenging Second Amendment issue on procedural grounds. Here is how the...
"Rough justice: America locks up too many people, some for acts that should not even be criminal"
Posted on July 23, 2010The title of this post is the headline of this new commentary in The Economist. Here is how it gets started: In 2000 four Americans were charged with importing lobster tails in plastic bags rather than cardboard boxes, in violation...
Justice or unjust disparity for Ponzi schemer getting sentence doubled due to harm to victims?
Posted on July 23, 2010This local report on a recent federal sentencing for a young fraudster, which is headlined "Pizzolato gets 30-year prison sentence in Ponzi scheme," provides a terrific setting in which to consider and debate concerns about post-Booker sentencing disparity...
New poll reports that large majority of Americac see "War on Drugs" to be a failure
Posted on July 22, 2010As report in this press piece, "[n]early two-thirds of Americans believe their country has a serious drug abuse problem, but 65 percent think the federal government's 'War on Drugs' has been a failure, according to a new national Angus Reid...
Big new US Sentencing Commission report on federal supervised release
Posted on July 22, 2010I was intrigued and pleased to come across on the US Sentencing Commission's website this long new report from the USSC titled simply "Federal Offenders Sentenced to Supervised Release." Here is an excerpts from the report's introduction and conclusion: This...
Previous | Next
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...
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
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...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material � 1999-2011 by USLaw.com. |