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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.
Interesting empirical study of sentencing in Nevada
Posted on September 15, 2009I just came across this paper on SSRN, titled "Felony Sentencing in Rural and Urban Courts: Comparing Formal Legal and Substantive Political Models in the West." Here is the abstract: This study explored two models of sentencing in urban and...
More on Ohio's execution troubles and what could happen next
Posted on September 15, 2009This new article at CNN now has a pretty full report on what happened today in Ohio when the state sought to execute a condemned murderer: Ohio Gov. Ted Strickland on Tuesday gave a death-row inmate a one-week reprieve after...
UK gives life with parole for terrorists convicted of airline bomb plot
Posted on September 14, 2009This new CNN article, which reports on three high-profile terror defendants getting sentenced in London, provides an interesting point of comparison concerning life sentences in the US and other parts of the world. First, here are the basics: Three men...
"Citizens with Guns: Firearms & American Identity"
Posted on September 14, 2009The title of this post is the title of a new article from Pratheepan Gulasekaram, which seems especially timely in light of the recent presence of gun-toting folks at various health-care town halls last month. Also, as the abstract reveals,...
Michigan looking at its (many) juve life sentences
Posted on September 14, 2009These two new articles in the Detroit News spotlight that "Michigan is among a growing number of states reconsidering whether juveniles should be sentenced to life behind bars with no chance of parole": Mich. to rethink teen life sentence: House...
Third Circuit approves of fast-track variances based on Kimbrough
Posted on September 14, 2009In what looks to be a long and thoughtful opinion, the Third Circuit today in US v. Arrelucea-Zamudio, No. 08-4397 (3d Cir. Sept. 14, 2009) (available here), has ruled that federal sentencing judges in non-fast-track districts can grant fast-track variances...
Virginia prosecutors seeking November execution date for DC sniper
Posted on September 13, 2009This CNN article details that Virginia prosecutors are hoping to execute the condemned DC sniper, John Allen Muhammad, before the end of this year: Virginia prosecutors are asking a state court to set a November 9 execution date for John...
"Disproportionate Sentencing for Possession of Child Pornography: Witchcraft Trials of the Modern Age?"
Posted on September 13, 2009The title of this post is the title of this notable student note by Jesse Basbaum that I just noticed on SSRN. Here is the abstract: This Note identifies several infirmities of United States Sentencing Guideline section 2G2.2, the sentencing...
Seeking thoughts on a "professional judiciary" for sentencing law
Posted on September 12, 2009Over at Concurring Opinions, Gerard Magliocca has this post, titled "A Professional Judiciary?", which note and criticizes the early pattern of President Obama to elevate lower court judges in his nomination choices. Here it is in full: Yesterday I was...
Updates on all the prison craziness in California
Posted on September 12, 2009As detailed in this Los Angeles Times article, legislators in California finalized its "plan to cut the state's giant prisons budget, passing a hard-fought measure that would reduce the inmate population by thousands but stop far short of solving the...
"What Prevents the Application of the Thirteenth Amendment in Prison?"
Posted on September 12, 2009The title of this post is part of the title of this interesting-looking new paper on SSRN from Raja Raghunath, which is fully titled "A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison?"....
Looking at collateral consequences from "race and dignity" perspective
Posted on September 11, 2009I just noticed on SSRN this new piece, titled "Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity," by Michael Pinard. Here is the abstract: This article explores the racial dimensions of the various collateral consequences that attach...
"U.S. Sentencing Commission Urged to Give Judges More Flexibility"
Posted on September 11, 2009The title of this post is the headline of this new article in the Washington Post discussing testimony at this week's US Sentencing Commission's regional hearing in Chicago. Here is how the article starts: Advocates for added flexibility in criminal....
Split Sixth Circuit affirms one-day prison sentence for downloading child porn
Posted on September 11, 2009Providing another example of the disputes and disparities engendered by sentencing in federal child porn possession cases, a split panel of the Sixth Circuit today affirms as reasonable a one-day prison sentence in US v. Stall, No. 08-4064 (6th Cir.....
Massachusetts update on the challenges of the prison economy
Posted on September 11, 2009This Boston Globe article, headlined "Prisons facing $100m in cuts: Fiscal scenario may prompt closings, layoffs," provides a Bay State perspective on the difficulties posed by the modern prison economy. Here are excerpts: Under increasing financial pressure, the state?s prison...
Crooked state juve judges indicted now on federal racketeering charges
Posted on September 10, 2009This new piece from the Legal Intelligencer, which is headlined "Pa. Judges in Corruption Scandal Indicted for Racketeering," provides the latest news on the remarkable case involving two allegedly crooked state juve judges: A federal grand jury has handed down...
Judges complaining to USSC about guidelines for child porn possession
Posted on September 10, 2009This new article from the National Law Journal, which is headlined "Sentences for Possession of Child Porn May Be Too High, Judges Say," reports on some testimony from the latest US Sentencing Commission regional hearing. Here are highlights: Judges testifying...
Ninth Circuit panel finds retroactive part of SORNA unconstitutional
Posted on September 10, 2009The Ninth Circuit, in an lengthy panel opinion authored by Judge Reinhardt, today declares in US v. Juvenile Male, No. 07-30290 (9th Cir. Sept. 10, 2009) (available here) that part of the federal Sex Offender Registration and Notification Act is...
When and how will DOJ Sentencing and Corrections Working Group report on its conclusions?
Posted on September 10, 2009As noted in this prior post, the US Sentencing Commission hears a second day of testimony as part of its Chicago regional public hearings, and this official agenda shows that this morning started with testimony from two US Attorneys. And,...
New Amnesty International report on the death penalty in Japan
Posted on September 10, 2009As detailed in this new CNN piece, Amnesty International has issued a new report urging Japan's government "to establish a moratorium on executions and consider abolishing the death penalty." Here are more of the details from CNN: Death row inmates...
A proposal from California to create a registry for arsonists
Posted on September 10, 2009As detailed in this Los Angeles Times article, "Los Angeles County's largest fire in modern history led a pair of California lawmakers Wednesday to step up efforts to win congressional approval of legislation that would set up a national system...
"Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended
Posted on September 10, 2009The title of this post is the title of this new article on SSRN from Professor Frank Bowman. I consider everything Frank writes to be a must-read, but this 100-page magnum opus seems especially worthy of attention. Here is the...
FAMM survey on views about sentencing reform
Posted on September 10, 2009I received this inquiry from Families Against Mandatory Minimums via e-mail today, and was informed that FAMM would like to hear from as many persons as possible: Why do you care about FAMM and sentencing justice? Take FAMM's survey and...
"Sex Offender Registries: Fear Without Function?"
Posted on September 09, 2009The title of this post is the title of this research paper I just noticed on SSRN authored by Amanda Agan of the University of Chicago Department of Economics. The paper seems especially timely in light of the on-going discussion...
Astute views from the district court about post-Booker sentencing realities
Posted on September 09, 2009As noted in this prior post, today the US Sentencing Commission started yet another one of its regional public hearings. This fourth regional public hearing is taking place in Chicago, and this official agenda details the a fascinating group of...
Another noteworthy below-guideline federal child porn sentence
Posted on September 09, 2009This local article, headlined "Asperger's lightens prison sentence for man in child porn case," reports on another notable federal child porn sentence. Here are the basics: A Bettendorf man with Asperger's Syndrome who graduated from college with three majors and...
A reported promotion for the judge who gave Madoff the max
Posted on September 09, 2009The New York Times is reporting in this article, headlined "Madoff?s Sentencing Judge To Be Appellate Court Choice," that the federal district judge who maxed out Bernie Madoff is soon to be nominated to the Second Circuit. Here are the...
Shaming t-shirts ordered as part of community service sentence
Posted on September 09, 2009Given that shaming sentences would seem to have special appeal during lean economic times when the costs of traditional punishment are of great concern, I am somewhat surprised that there has not been more discussion and debate of these kinds...
"A Move to Register Sex Offenders Globally"
Posted on September 08, 2009The title of this post is the headline of this new piece in Time. Here is how it gets started: While the world's attention was focused on Phillip Garrido, who is accused of abducting 11-year-old Jaycee Lee Dugard in 1991...
Updated supplement for Sentencing Law and Policy casebook now available
Posted on September 08, 2009As a new school year gets underway, I am happy to be able to share an updated electronic supplement providing additional materials to accompany the second edition of the Sentencing Law and Policy casebook. Anyone can download this 2009-2010 supplement...
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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
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