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Criminal Law

Sentencing Law and Policy Sentencing Law and Policy

News, issues, commentary and provides resources related to sentencing law and policy.
By Douglas A. Berman

Post Frequency: 77.7/day

Last Entry: April 01, 2011 at 10:54:24

Recent Entries: 4815

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"Should registry log teen sex offenders?"

Posted on March 05, 2010
The question in the title of this post is the headline of this article from the Jackson (Tennessee) Sun. Here is how it begins: State legislators expect a strong debate about whether juveniles' names, photographs and other information should be...


Eleventh Circuit rejects Second Amendment right of felon to possess a gun for any purpose

Posted on March 04, 2010
Though many circuits have already rejected Second Amendment claims brought by felons prosecuted and sentenced under the federal felon-in-possession criminal statute, the Eleventh Circuit's opinions today in US v. Rozier, No. 08-17061 (11th Cir. Mar. 4, 2010) (available here), has...


"As Budget Cuts Free Prisoners, States Face a Backlash"

Posted on March 04, 2010
The title of this post is the headline of this new piece from the New York Times. Here is how it gets started: In the rush to save money in grim budgetary times, states nationwide have trimmed their prison populations...


Eighth Circuit affirms long sentence based on "hypothetical criminal-history points" and dismissed murder charge

Posted on March 04, 2010
The Eighth Circuit has a very interesting sentencing ruling today in United States v. Azure, No. 08-3663 (8th Cir. Mar. 4, 2010) (available here). The relatively short opinion covers a relatively large number of sentencing issues, and here is how...


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Notable Second Circuit ruling about inmate classification as a sex offender

Posted on March 04, 2010
Earlier this week, the Second Circuit issued an interesting ruling in Vega v. Lantz, No. 08-4748 (2d Cir. Mar. 2, 2010) (available here), in which the panel reverses a district court's ruling granting relief to a Connecticut inmate who complained...


Chelsea King tragedy heats up politics around sex offender monitoring

Posted on March 04, 2010
This new ABC News piece, which is headlined "Chelsea King Case: Outrage Over Sex Offender Monitoring Reaches White House: John Walsh Said President Obama Vowed to Fund Federal Sex Offender Law," highlights that the latest crime tragedy is turning up....


"Recognizing Constitutional Rights at Sentencing"

Posted on March 04, 2010
The title of this post is the title of this new piece on SSRN by Professor F. Andrew Hessick III and Carissa Byrne Hessick. Here is the abstract: There are a number of traditional sentencing factors, which judges use when...


Two new reports from The Sentencing Project about state prison reductions

Posted on March 03, 2010
This new Washington Post article, which is headlined "States reduce prison populations as budgets shrink," details the major take-away points from two new reports coming today from The Sentencing Project. Here is the start of the Post article: Many state...


Washington state following Ohio's lead to adopt a one-drug lethal injection protocol

Posted on March 03, 2010
This AP story, headlined "WA changes execution method," suggests that Ohio's recent success with a change to a one-drug lethal injection protocol is having an impact in other state laboratories. Here is how the piece starts: Washington state has changed...


"Is Punishment Relevant After All? A Prescription for Informing Juries of the Consequences of Conviction"

Posted on March 03, 2010
The title of this post is the title of this new piece on SSRN by Jeffrey Bellin. Here is the abstract: The American jury, once heralded as ?the great corrective of law in its actual administration,? has suffered numerous setbacks...


Big day for guns (and other fun?) at SCOTUS

Posted on March 02, 2010
As detailed in a bunch of major press piece linked here at How Appealing, the Supreme Court today will hear oral argument in McDonald v. Chicago, another potential landmark Second Amendment case that will determine if the Court's 2008 ruling...


Another big criminal justice week for SCOTUS

Posted on March 01, 2010
As well previewed in a number of posts at SCOTUSblog and a number of links at How Appealing, the Supreme Court has another exciting week on tap with lots of notable criminal justice cases on the calender. Specifically, today brings...


"Lil Wayne set to test how jails handle celebs"

Posted on March 01, 2010
The title of the post is the headline of this new piece concerning the special (or not-so-special) treatment that some celebrity prisoners get. Here are snippets: Lil Wayne ... is expected to start a yearlong jail term Tuesday after pleading...


Another notable CVRA ruling from the Sixth Circuit

Posted on March 01, 2010
As noted in this post last week, the Sixth Circuit disposed of an interesting mandamus petition from crime victims in US v. Arctic Glacier International, No. 10-3160 (6th Cir. Feb. 23, 2010). Another Crime Victims' Rights Act ruling comes from...


AAG Breuer's comments about sentencing disparities at ABA white-collar crime event

Posted on March 01, 2010
I had the good fortune to hear in person the remarks by Lanny A. Breuer, Assistant Attorney General for DOJ's Criminal Division, at the American Bar Association National Institute on White Collar Crime in Miami late last week. And now,...


"Federalism and Criminal Law: What the Feds Can Learn from the States"

Posted on March 01, 2010
The title of this post is the title of this exciting-sounding new piece from Professor Rachel Barkow appearing on SSRN. Here is the full abstract: Criminal law enforcement in the United States is multi-jurisdictional. Local, state, and federal prosecutors all...


Lots of (mostly minor) criminal justice action at SCOTUS

Posted on March 01, 2010
Thanks to a series of posts and links at SCOTUSblog and How Appealing, one can quickly catch up with the array of (mostly minor) criminal justice action that took place today at the Supreme Court. These two SCOTUSblog post in...


"Second chance for killer kids?"

Posted on February 28, 2010
The question in the title of this post is the headline of this lengthy article in today's Detroit Free Press. Here is how the piece gets started: Dontez Tillman and Thomas McCloud were 14-year-old middle schoolers in Pontiac in the...


Mike Farrell makes standard modern (pro-LWOP) arguments for DP abolition

Posted on February 28, 2010
Over at the Huffington Post, long-time abolitionist (and former MASH star) Mike Farrell articulates some of the now-standard modern arguments for abolishing the death penalty in this new piece headlined "The Death Penalty is Dying." Here are some excerpts: It's...


Diet pill fraud nets 20-year below-guideline federal sentence (and ads for diet pills)

Posted on February 27, 2010
This federal sentencing story out of Florida, which is headlined "Diet pill creator sentenced to 20 years for Lipoban?s fraudulent claims: Boca Raton man bilked more than 130,000 customers, feds say," caught my eye for various reasons. Here are the...


"Wisconsin Teen Gets 15 Years for Facebook Sex-Extortion Scam"

Posted on February 26, 2010
The title of this post is the headline of this piece from Wired. Here are the basics: A Wisconsin teenager was sentenced to 15 years in prison Wednesday for an extortion scheme that had him tricking male classmates into sending...


South Korea's highest court upholds death penalty

Posted on February 26, 2010
As detailed in this report, which is headlined "Constitutional Court Upholds Death Penalty," there is more going on these days in South Korea than just obsession over an Olympics superstar. Here are the details: The Constitutional Court, on Thursday once...


"'Midwest Madoff' sentenced to 9 years"

Posted on February 26, 2010
The title of this post is the headline of this new article from the St. Louis Disptach. Given that the fraudster discussed in the article is female, I suppose she should be glad she is not being called a "Mrs....


Major Mexican drug boss gets 25 years in super-secret federal sentencing

Posted on February 26, 2010
An interesting super-secret sentencing proceeding took place earlier this week as reported in this Houston Chronicle article from yesterday, which is headlined "Drug cartel chief sentenced in secrecy," and this New York Times article today, which is headlined "Mexican Drug...


New report detailing high percentage of inmates with substance abuse problems

Posted on February 26, 2010
This new press releases from the National Center on Addiction and Substance Abuse (CASA) at Columbia University reports on a new study concerning crime, prisoners and addictions. Here in how the press release starts: Of the 2.3 million inmates crowding...


Will Florida's "mini-Madoff" get a mini version of Madoff's 150-year prison sentence?

Posted on February 25, 2010
With fortuitious timing because I am in Florida this morning to talk about white-collar sentencing, this Reuters story provides another case-study in white-collar sentencing issues. The piece is headlined "Florida's 'mini-Madoff' Nadel admits huge fraud," and here are the basics:...


"In School and Out of Trouble? The Minimum Dropout Age and Juvenile Crime"

Posted on February 25, 2010
The title of this post is the title of this empirical piece I noticed at SSRN that suggests keeping kids in school may be even more effective than sending them to prison in order to reduce juvenile crime. Here is...


Effective ABA Journal review of Booker at five

Posted on February 25, 2010
Mark Hansen has this effective new piece, headlined "You Say You Want a Revolution: In Booker plus five, there?s been rumbling but hardly rebelling," about federal sentencing life since Booker. Here is how it begins: Jan. 12 marked the fifth...


Ex Post Facto day for sex offenders at the Supreme Court

Posted on February 24, 2010
As detailed in this FOXNews report, which is headlined "Supreme Court to Hear Sex Offender Case Sotomayor Set Aside in Lower Court," today the Supreme Court hears argument in two cases dealing with sex offenders and the constitutional limits on...


Off to Miami for National Institute on White Collar Crime

Posted on February 24, 2010
As detailed here on the ABA's website, today starts the 2010 White Collar Crime National Institute. I have the great fortune and pleasure to be escaping a predicted snowstorm in NYC to head this afternoon to Miami Beach to participate...


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