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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.
"When Acquitted Doesn't Mean Acquitted"
Posted on September 16, 2008The title of this posts is the title of this long piece at ABC News on one of my favorite modern sentencing litigation topics. The full title of the piece is "When Acquitted Doesn't Mean Acquitted: Judges Can Sentence Criminals...
Dallas DA talking about capital case review and a quasi-moratorium
Posted on September 16, 2008The Dallas Morning News has this notable report about a local DA talking about reviewing all pending capital cases because of innocence concerns. Here are the basics: Troubled that innocent people have been imprisoned by faulty prosecutions, District Attorney Craig...
An argument that the Second Amendment and Heller should help Weldon Angelos
Posted on September 15, 2008Regular readers should recall the name Weldon Angelos; Angelos was subject to federal mandatory sentencing terms of 55 years because of gun possession linked to three small hand-to-hand marijuana sales in a public parking lot. Regular readers may also recall...
Good news on the crime front
Posted on September 15, 2008As detailed in this UPI story, "violent crime across the United States fell in 2007 for the first time since 2005, the Federal Bureau of Investigation announced Monday." Here are more details: An estimated 1.4 million violent crimes were reported...
A capital punishment SCOTUS preview from DPIC
Posted on September 15, 2008As highlighted by this post at SCOTUSblog, 'tis the season for Supreme Court previews. Helpfully, the Death Penalty information Center provides this case preview of the current SCOTUS capital docket: To date, the Court has granted certiorari in three death...
Two important (and very timely) Eighth Amendment pieces on SSRN
Posted on September 15, 2008Just in time for this week's additional briefing in the Kennedy child rape case, two new pieces talking about the Eighth Amendment can now be accessed through SSRN. One piece, by Corey Rayburn Yung, goes right to the heart of...
Wondering what a Justice Palin might say about sentencing jurisprudence?
Posted on September 15, 2008In this post a few weeks ago, I thought out-loud about the (real?) possibility of a President Obama nominating Senator Clinton to fill an opening on the Supreme Court. Now, thanks to this Newsweek article from Dahlia Lithwick titled "Put...
"The Comparative Nature of Punishment"
Posted on September 14, 2008The title of this post is the title of this new piece by Adam Kolber now available through SSRN. Here is the abstract: Suppose we punished people by forced poverty. Instead of a traditional dollar fine, we would limit offenders'...
Federal defenders provide (lengthy) suggestions to USSC
Posted on September 13, 2008As detailed in this agenda, it appears that the US Sentencing Commission will vote on its priorities for the coming amendment season this coming Thursday. But I cannot help but wonder if this timeline gives member of the USSC enough...
Problems with GPS tracking in Connecticut
Posted on September 13, 2008I have long be interested in GPS tracking schemes as a seemingly more effective and economical means for monitoring certain offenders than just keeping them locked up indefinitely. But local stories from Connecticut here and here and here spotlight a...
"Travis judge tells woman to stop having kids"
Posted on September 12, 2008The title of this post is the title of this alternative sentencing story out of Texas. Here are some of the basic details: A judge in Travis County has ordered a woman to stop having children as a condition of...
Eleventh Circuit faults district judge for failing to explain denial of crack reduction motion
Posted on September 12, 2008A helpful reader altered me to a decision from the Eleventh Circuit which, though unpublished, is a significant story in the on-going effort to implement retroactively the new federal crack guidelines. In US v. Johnson, No. 08-11415 (11th Cir. Sept.....
Posts of interest around the blogosphere
Posted on September 12, 2008Here are a few items of interest from blogs of interest for sentencing fans: From Grits for Breakfast here, "Governing through Crime" From Pardon Power here, "When 'Getting Tough' Means 'Getting Torpid'" From TalkLeft here, "John McCain's Record on Drugs"
Libertarian Bob Barr speaks out against federal "war on drugs"
Posted on September 11, 2008Providing exactly the politicial tonic to the usual tough-on-crime bromides, Libertarian Patry Presidential candidate Bob Barr has this new commentary at the Huffington posty speaking out against the federal war on drugs. Here are extended excerpts from today's must-read: As...
2008 Supplement for Sentencing Law and Policy casebook now available
Posted on September 11, 2008As a new school year gets underway, I am proud to be able to share a new supplement providing additional materials to accompany the Sentencing Law and Policy casebook. You can download the new 2008 summer supplement below and it...
Two new must-reads from SSRN
Posted on September 11, 2008Two of my favorite profs have new pieces on SSRN. Here are the titles, links and abstracts: Prosecutorial Shaming by Adam M. Gershowitz: This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious...
Federal judge finds constitutional problems with new Nevada sex offender laws
Posted on September 11, 2008As detailed in this AP report and this ACLU of Nevada press release, a federal judge in Nevada on Thursday issued an injunction to preclude some enforcement of new sex offender laws. Here are details from the AP story: U.S....
FAMM suggests priorities for USSC
Posted on September 11, 2008Families Against Mandatory Minimums has posted on its website a letter sent to the U.S. Sentencing Commission earlier this week, which provides comments concerning the USSC's 2009 proposed priorities. Unsurprisingly, this FAMM letter urges mandatory minimum sentencing reform, crack cocaine...
A fitting read for a sad anniversary
Posted on September 11, 2008I would surely recommend this new piece on SSRN for reading on any day. But, particularly on a day in which we are remembering the reason we started the "global war on terror," this piece seems especially timely. The piece...
Important and impressive Fifth Circuit ruling concerning crack retroactivity
Posted on September 11, 2008A helpful reader alerted me to an important and impressive opinion concerning crack retroactivity issues from the Fifth Circuit, US v. Robinson, No. 08-10424 (5th Cir. Sept. 10, 2008) (available here). Here is the reader's effective summary: This opinion is...
Smart editorial about being smart of crime
Posted on September 10, 2008The Detroit Free Press on Tuesday ran this effective editorial, headlined "Public wants smarter, less costly criminal justice policies." Here are a few highlights: For decades, politicians have believed that sounding tough on crime was their ticket to getting elected...
Is Governor Palin is a real fan of jury nullification and pot decriminalization?
Posted on September 10, 2008Writing here in Reason, Radley Balko has a very interesting take on Governor Sarah Palin. The piece is titled, "A Decent Pick: Libertarians could do worse than Sarah Palin," and here are snippets: Palin was also one of just three...
Notable (though failed) attempt to attack prosecutorial discretion in Seventh Circuit
Posted on September 10, 2008The Seventh Circuit has an extended discussion of prosecutorial discretion in the course of reject an interesting constitutional claim brought by a federal defendant in US v. Moore, No. 07-3770 (7th Cir. Sept. 10, 2008) (available here). Here is how....
Ninth Circuit discusses lots of sentencing issues
Posted on September 10, 2008Though not full of groundbreaking stuff, the Ninth Circuit's lengthy decision today in US v. Waknine, No. 06-50521 (9th Cir. Sept. 10, 2008) (available here), covers lots of important modern sentencing issues. Here is how the opinion starts: Hai Waknine...
A sentencing approach to dealing with prosecutorial misconduct
Posted on September 09, 2008Professor Sonja Starr has posted this interesting and provocative paper on SSRN. The piece is titled "Sentence Reduction as a Remedy for Prosecutorial Misconduct," and here is the abstract: Current remedies for prosecutorial misconduct, such as reversal of conviction or...
District judge rejects plea deal calling for only probation for billionaire
Posted on September 09, 2008As detailed in this Los Angeles Times article, headlined "Judge rejects plea deal for Broadcom co-founder Henry Samueli," a federal district judge yesterday refused to accept the government's suggestion that a term of probation was sufficient in a high-profile white-collar...
Is SCOTUS really thinking about rehearing Kennedy child rape case?
Posted on September 08, 2008As detailed in this post at SCOTUSblog by Lyle Denniston, the Supreme Court today has asked for some more briefing concerning the motion for rehearing in the Kennedy child rape case. Here are details from that posts: The Supreme Court...
Another sad federal child porn sentence
Posted on September 08, 2008In prior posts I have noted the challenges judges ae facing with sentencings in child porn downloading cases. In a recent Seventh Circuit decision, US v. Allday, No. 07-2698 (7th Cir. Sept. 5, 2008) (available here), a panel affirms a...
"Real commander needed for the war on drugs"
Posted on September 08, 2008The title of this post is the title of this effective column in the Seattle Times by Neal Pierce. Here are a few excerpts: Will America's ill-starred "war on drugs" and its expanding prison culture make it into the presidential...
"Jail and Jesus"
Posted on September 08, 2008The title of this post is the title of this terrific column in USA Today by Tom Krattenmaker, which begins with a question that ought to be asked of everyone running for national office who makes much of their faith:...
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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...
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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...
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