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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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The drug offense (and drug court) part of the story of women in Oklahoma's prisons

Posted on February 13, 2011
As noted in this prior post, a collection of news outlets have come together in Oklahoma to assemble extensive coverage of "Women in Prison" in that state (all of which can be found at this multi-media webpage.) The latest group...


Connecticut legislators exploring creation of state-wide gun-offender registry

Posted on February 11, 2011
As detailed in this local Connecticut article, a "measure that would create the nation's first statewide registry for gun offenders went before lawmakers Thursday at a public hearing on a package of gun bills." Here are the specifics: The gun-offender...


Should Lindsey Lohan's lawyer be talking up interest in a plea deal for his client?

Posted on February 11, 2011
Since the entertainment media provides plenty of coverage of Lindsay Lohan's legal troubles, I am disinclined to blog much about her latest criminal case at least until it gets to a sentencing stage. However, this piece from CNN, which is...


Prison practicalities in lean budget times

Posted on February 11, 2011
Thanks to entries at The Crime Report, I saw these two notable stories from Louisiana and Texas that provide a sign of our lean budget times here in incarceration nation: "La. explores prison sale": The Jindal administration is asking companies...


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"Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof"

Posted on February 11, 2011
The title of this post is the title of this very interesting-looking new paper by Professor Russell Covey now available via SSRN. Here is the abstract: The Article introduces a new concept ? ?longitudinal guilt? ? which invites readers to...


"The Smart On Crime Coalition" produces mega-report urging criminal justice reforms

Posted on February 10, 2011
Via numerous e-mails, I have learned that The Smart on Crime Coalition, which describes itself as "a diverse coalition of the nation?s leading criminal justice reform organizations" has today released Smart on Crime: Recommendations for the Administration and Congress...


Welcoming "Law and Biosciences Daily Digest" to the blogosphere

Posted on February 10, 2011
I am extremely pleased to see that Professor Nita Farahany has started this great new blog which is to provide "relevant summaries of legal opinions (civil and criminal) in which cognitive neuroscience or behavioral genetics evidence has been introduced...


"Conservative Principles and Prison"

Posted on February 10, 2011
The title of this post is the headline of this new commentary by Grover Norquist at the National Review online. Here is how it begins along with some additional passages of note: When it comes to education, pensions, health care,...


Second Circuit demands application of old 100-1 crack mandatories ... with laments

Posted on February 10, 2011
Anyone following closely the debate concerning the application of the old crack laws to defendants whose sentences are not yet final will want to check out the Second Circuit's work today in US v. Acoff, No. 10-285 (2d Cir. Feb....


States asking feds for help in acquiring execution drugs

Posted on February 10, 2011
As detailed in this CNN piece, which is headlined "13 states ask for federal help on execution drug shortage," states are now looking to the feds for help with their lethal injection woes. Here are some details: The U.S. Justice...


Kansas considering sex offender residency restrictions and license labels

Posted on February 10, 2011
As detailed in this local article, "Kansas lawmakers are considering a bill that would bar some sex offenders from living within 2,000 feet of a school or licensed day care [and] would mark their driver's licenses with the word 'offender'...


State judge refuses to overturn Racial Justice Act in North Carolina

Posted on February 10, 2011
As detailed in this local article, which is headlined "Racial Justice Act for death row inmates survives court challenge," prosecutors in North Carolina have failed in an initial attempt to derail litigation based on the state's new Racial Justice Act...


Will California ever get to use its fancy new death chamber?

Posted on February 09, 2011
The question in the title of this post is inspired by this new article in the Los Angeles Times, which is headlined "Judge tours California's rebuilt death chamber; U.S. judge is reviewing the state's revised lethal injection procedures and facilities,...


"Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause"

Posted on February 09, 2011
The title of this post is the abstract of this new article by Professor Jordan Barry, which is now available via SSRN. Here is the abstract: In certain circumstances, a prisoner who challenges her conviction must convince a court that...


Ninth Circuit rejects challenge to Arizona's lethal injection protocol

Posted on February 09, 2011
The Ninth Circuit today provides some proof that death row defendants do not always win in that court. In Dickens v. Brewer, No. No. 09-16539 (9th Cir. Feb. 9, 2011) (available here), a unanimous panel rejects an attack on Arizona's...


Top judge in Missouri again talking up sentencing reforms

Posted on February 09, 2011
As detailed in this local article, headlined "Missouri's chief justice renews call for alternative sentencing programs," the head of the judiciary in the Show Me State is still looking to be shown some sentencing reforms. Here is how the article...


"Iranian web programmer faces execution on porn charges"

Posted on February 09, 2011
The title of this post is the headline of this article from The Guardian, which provides a little comparative perspective concerning the severity of US sentences for child porn offenses. Here are the specifics: A 35-year-old Iranian web programmer is...


Split Ninth Circuit ruling on reach of Apprendi's prior conviction exception in habeas appeal

Posted on February 08, 2011
A split Ninth Circuit panel has a notable little decision about Apprendi's reach today in Wilson v. Knowles, No. 07-17318 (9th Cir. Feb. 8, 2011) (available here). The majority opinion explains the issue and its holding this way: The Supreme...


Ohio now has executions scheduled one-per-month through October 2011

Posted on February 08, 2011
The problems other states have been facing with legal and practical challenges to lethal injections do not seem to be slowing down the Buckeye State. As detailed in this local piece, which is headlined "Ohio sets execution dates for seven...


Ohio's new gov urged to pardon mom prosecuted for school-enrollment fraud

Posted on February 08, 2011
As detailed in this local article, a number of "national political-activist groups have asked Gov. John Kasich to pardon Kelley Williams-Bolar, the Akron mother who spent 10 days in jail for fraudulently enrolling her daughters in a school district where...


Should parents face punishment for their kids' sexting?

Posted on February 08, 2011
The question in the title of this post is prompted by this local story out of Texas, headlined "Proposal Would Punish PARENTS of 'Sexting' Teens." Here are the details: A measure which would allow a judge to punish the parents...


Two editorials urging new directions for incarceration nation

Posted on February 08, 2011
Today's New York Times and Columbus Dispatch both had editorial praising new state efforts to alter sentencing policy and prison practices. This Times piece, headlined "Expensive Prisons," starts this way: In the last decade, crime rates and the prison population...


Sixth Circuit seeks sentencing justice(?) through distinction between CP receipt and possession

Posted on February 07, 2011
The Sixth Circuit has an interesting and potentially important decision concerning federal child pornography offenses today in US v. Szymanski, No. 09-3524 (6th Cir. Feb. 7, 2011) (available here). Here is how the opinion starts: Defendant Daniel Szymanski pled guilty...


Nebraska considering bills for sentences less than LWOP for juve murderers

Posted on February 07, 2011
As detailed in this local article, which is headlined "Nebraska bills seek to ease sentencing for young killers," the one state with one legislative body is considering two different bills concerning sentencing for juve murderers. Here are the basics: The...


Is it finally time to just go back to firing squads for executions?

Posted on February 07, 2011
The question in the title of this post is inspired by this article that appeared this weekend in the New York Times. The piece is headlined, "A Drug Used in Executions Becomes Very Hard to Get," and here are the...


NC prosecutors bring complaints about state's Racial Justice Act to court

Posted on February 07, 2011
As detailed in this local article, North Carolina's prosecutors "will test the reach of the state's fledgling Racial Justice Act today as they try to persuade a Forsyth County judge that the law is too sweeping and vague to comply...


Tenth Circuit rejects challenge to polygraph testing as part of supervised release

Posted on February 07, 2011
The Tenth Circuit has a notable little decision about supervised release in US v. Begay, No. 10-2068 (10th Cir. Feb. 7, 2011) (available here), which starts this way: Defendant/Appellant Toby Begay, a convicted sex offender, appeals the district court?s modification...


More effective media coverage of child porn prosecution and sentencing

Posted on February 06, 2011
The AP has this new article, headlined "Child porn prosecutions soaring," includes these notable statistics: The number of federal child porn cases has exploded during the last 15 years as Congress passed mandatory five-year minimum sentences and federal authorities have...


"Has a Flawed Diagnosis Put Innocent People in Prison?"

Posted on February 06, 2011
The title of this post is the question posed by the front cover of today's New York Times Magazine. This lengthy article by Emily Bazelon takes a close look at shaken-baby syndrome, and includes lots of terrific discussion and analysis...


Catholic bishops calling for an end to death penalty in Ohio

Posted on February 06, 2011
As detailed in this Columbus Dispatch article, "Ohio's Catholic bishops yesterday joined the chorus of those urging state leaders to abolish the death penalty, and a Franklin County legislator said he will introduce a bill proposing to repeal the state's...


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