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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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Notable terrorism resentencing results in same sentence

Posted on December 03, 2008
As detailed in reports from the AP and from the Seattle Post-Intelligencer, the so-called "millenium bomber" has been resentenced to the same 22-year prison term he was given before the original sentence had been reversed by the Ninth Circuit. Here...


Should we end a failed expensive war (the war or drugs) during these hard economic times?

Posted on December 03, 2008
I have been thinking a lot lately about how the tough economic times are likely to impact crime and punishment realities. I fear that crime rates will inevitably rise because of rising unemployment and reductions in social services. But punishment...


Another notable CVRA mandamus petition to watch

Posted on December 03, 2008
I am pleased to see from this post at The Volokh Conspiracy that Professor Paul Cassell is continuing his important efforts to get district and circuit courts to give serious effect to the federal Crime Victims' Rights Act. Here is...


"Main Threat to Burress Is a Sentencing Law"

Posted on December 03, 2008
Today's must-read is this terrific piece by Michael Schmidt in the New York Times that provides some of the back story on the mandatory minimum sentencing law that may make it very hard for Plaxico Burress to avoid jail time...


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What's the early line on the upcoming OJ sentencing?

Posted on December 03, 2008
According to this AP article, which is headlined "Lawyer: OJ, co-defendant face 18 years," it looks like Orenthal James Simpson is looking at a sentence of at least six years for his state convictions. Here are the sentencing basics from...


Another reminder of the crime dog that did not bark in the 2008 election season

Posted on December 03, 2008
Since one senate race was only decided last night and another one remains unresolved, this commentary I just noted on SSRN still is timely. The piece is by Professor Stephen Saltzburg from the Summer 2008 issue of the ABA's Criminal...


Lots of notable sentencing action in the circuit courts

Posted on December 03, 2008
Though sentencing action and issues outside of court have captured a lot of my attention lately ? on topics ranging from clemency chutzpah to foolish footballers to paralyzed porn pursuers ? there has been plenty of noteworthy sentencing action in...


Lots for sentencing fans in latest issue of OSJCL

Posted on December 02, 2008
I am pleased to report that the Fall 2008 issue of the Ohio State Journal of Criminal Law is now available on-line here, and it includes a number of terrific pieces. All the articles and many of the commentaries ought...


Juror says publicly that she wanted MySpace bullying defendant sent to prison

Posted on December 02, 2008
Late last week, I asked in this post, "What sentence would you impose on Lori Drew, the MySpace bullying defendant?". Today, thanks to this article from the St. Louis Post-Dispatch, we learn that at least some of the juror in...


Crime victims and technocorrections

Posted on December 02, 2008
This new article from my local paper, headlined "Ohio upgrades criminal tracking system for victims," shines an effective spotlight on how concerns for crime victims will further propel the move toward technocorrections. Here are the basics: Crime victims will be...


More proof politicians are very compassionate toward criminals ... who are fellow politicians

Posted on December 02, 2008
I am hoping readers might help me come up with a catchy word or phrase to describe the all-too-common phenomenon of "tough-on-crime" politicians becoming amazingly sympathetic to convicted felons who are fellow politicians. I would have liked to had such...


Privacy lawsuit brought against sex offender background checks in schools

Posted on December 02, 2008
This summer I blogged here about a notable new technology that some school systems have started using to try to prevent sex offenders from getting into schools. Now I see from this local Texas story, headlined "School safety check draws...


NYC Mayor Bloomberg pushing for Plaxico Burress to get at least 3½ years in state prison, leading me to many questions

Posted on December 01, 2008
Thanks to the apparent foolishness of a prominent NFL player, the folks at Families Against Mandatory Minimums and at the National Rifle Association might have a new high-profile poster-child for their very different public policy causes. I am referencing, of...


An understandable (but debatable?) child porn declination decision by federal prosecutors

Posted on December 01, 2008
A former student alerted me to this fascinating story from the Buffalo News, headlined "Quadriplegic spared prison in child porn case: U. S. attorney agrees to forgo prosecution." Though the headline provides the basics, here are some notable particulars: When...


I would like to thank the ABA, Justices and judges, sentencing commissions, criminals and their lawyers....

Posted on December 01, 2008
Of course, it is an honor just to be nominated. But, since nominations were not ever made public, it is more exciting to win again a place on the ABA's list of the best legal blogs. This poston the ABA's...


Lots of clemency and pardon power news and notes

Posted on December 01, 2008
Thanks to lots of good work around the blogosphere, one can keep up effectively with lots of news and notes about the clemency and pardon power: From How Appealing here, "Second Circuit holds that The Associated Press has no right...


President-Elect Obama officially names Eric Holder as his AG pick

Posted on December 01, 2008
As detailed in this CQ Politics entry, the likely next U.S. Attorney General was officially named today: "President-elect Barack Obama on Monday tapped former Deputy Attorney General Eric H. Holder Jr. to take the top spot in the Justice Department."...


"Federal judges to rule on California prison crowding"

Posted on December 01, 2008
The title of this post is the headline of this AP piece reporting on an expected ruling concerning Califorina's prison problems. Here is how the article begins: California's day of reckoning has finally come for three decades of tough-on-crime policies...


How big is the risk that victim videos are more prejudicial than probative?

Posted on November 30, 2008
This article appearing yesterday in the Washington Post discusses the growing trend of using "victim videos" in criminal cases. The article is headlined "Poignant Videos of Victims Valid in Court: Justices Decline to Weigh Use of Such Portrayals," and here...


When the pardon power meets the Second Amendment

Posted on November 30, 2008
I helpful reader pointed me to this great Wall Street Journal article comblining two of my favorite legal topics these days: the clemency power and gun rights. The article is headlined "Seeking a Presidential Pardon? Try Praising the Right to...


Notable second-term Presidential execution realities

Posted on November 29, 2008
Over at Capital Defense Weekly, Karl has this intriguing observation in his thanksgiving post: Not that long ago many commentators were realistically expecting 200+ executions a year by now, especially following the election of a President many had called the...


Lots more talk about Presidential pardons

Posted on November 29, 2008
This new AP article provides a detailed overview of the variety of federal defendants hoping to be the beneficiary of presidential grace this holiday season. Here are some excerpts: Some high-profile convicts past and present are among more than 2,000...


Friday forum: What sentence would you impose on Lori Drew, the MySpace bullying defendant?

Posted on November 28, 2008
Over here at How Appealing, Howard Bashman has linked to a lot of the major media coverage of the split verdict in the MySpace bullying case. Here are the basics from this New York Times coverage: A federal jury here...


"Ant-breeding swindler executed in China"

Posted on November 28, 2008
The title of this post is the title of this notable AP article from China. Here are the interesting details of how another country deals with white-collar crime: China has executed a businessman convicted of bilking thousands of investors out...


Sentencing thanks and holiday reform wishes...

Posted on November 27, 2008
My only post today will be this one expressing thanks for the various developments and forces that are now converging to make me hopeful (though not yet fully optimistic) that the United States is on the cusp of a new...


NYU Brennen lecture on evidence-based sentencing

Posted on November 26, 2008
I am pleased to discover that, just in time for my turkey day reading pile, Justice Michael Wolff's article in the NYU Law Review on evidence-based sentencing reform is available on-line at this link. Justice Wolff's article is titled "Evidence-Based...


Georgia high court finds mandatory life term for failure to register unconstitutionally excessive

Posted on November 26, 2008
The Atlanta Journal-Constitution has this article reporting on an important ruling yesterday in Georgia. The article is headlined "State Supreme Court: Sentence for sex offenders overruled; Life in prison breaks Eighth Amendment," and its provides an effective and detailed summary...


New risk-oriented sentencing law operative in Pennsylvania

Posted on November 26, 2008
This local article from Pennsylvania provides an effective review of a notable new sentencing law that its now operative in the Keystone state. Here are some excerpts: Local crooks in the big house now have a better reason to change...


Nebraska litigation over setting minimum sentencing terms

Posted on November 26, 2008
The AP reports here on litigation in Nebraska over sentencing authority to set minimum terms. Here are the basics: The Nebraska Supreme Court is again being asked to decide whether judges are usurping the state Board of Parole by sentencing...


Michael Vick gets suspended sentence after state dogfighting plea

Posted on November 25, 2008
A prominent federal defendant is back in the news today after a state plea and sentence. This local article provides the basics: Michael Vick entered a guilty plea to state dogfighting charges this morning. In a plea agreement that was...


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