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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.
Fifth Circuit begrudingly affirms looney mandatory sentence in Looney
Posted on June 23, 2008With thanks to the folks who alerted me to the decision, I can encourage everyone to check out the Fifth Circuit's work today in US v. Looney, No. 06-10605 (5th Cir. June 23, 2008) (available here), in which the panel...
Eighth Circuit tries to unpack Kimbrough in en banc ruling
Posted on June 23, 2008Resolving a post-Booker case that's been keeping the Circuit busy for years, the Eighth Circuit today issues another opinion in US v. Spears, No. 05-4468 (8th Cir. June 23, 2008) (en banc) (available here). Here is the unofficial summary from...
Lots of criminal technicalities in SCOTUS cert grants
Posted on June 23, 2008As detailed here at SCOTUSblog, the Supreme Court granted cert in seven cases today, three of which involve criminal justices issues. In my view, the criminal cases granted today do not have any blockbuster potential, although I find intriguing that....
Supreme Court vacates in Greenlaw and Rothgery
Posted on June 23, 2008Here's an early report from SCOTUSblog on the two criminal justice opinions released by the Supreme Court this morning: The Court has released the opinion in Greenlaw v. United States (07-330), on whether a federal court of appeals may increase...
Any provocative predictions for the big SCOTUS week?
Posted on June 23, 2008It is widely expect that the Supreme Court will issue its final 10 opinions of the term this week, with some coming this morning and the rest likely handed down later in the week. Of course, SCOTUSblog is the best...
The popularity of LWOP instead of death in Ohio
Posted on June 23, 2008This local AP story provides a great account of the impact in Ohio of the state's recent creation of an LWOP option in cases that would otherwise be death-penalty-eligible. Here are snippets from an interesting piece: Prosecutors around Ohio, citing....
Deconstructing the federal career offender guidelines
Posted on June 22, 2008As noted here, the federal defenders' first paper in its important "Deconstructing the Guidelines" project addressed the child porn guidelines (and has already been cited by a district court to justify a below-guideline sentence). I now see that a second...
The sad state of executive clemency in Ohio
Posted on June 22, 2008Given that Ohio's current government is a former prison psychologist (background here), I had hoped that Governor Ted Strickland might be a bit more corageous in his use of his executive clemency power than some of his predecessors. Unfortunately, as...
Why does George Will like big government when it involves depriving some citizens of liberty?
Posted on June 22, 2008Just last week, George F. Will wrote in this column that "No state power is more fearsome than the power to imprison." And Wll has recently criticized modern Republicans for growing the size of government (such as in this 2006...
Juve crime, adult punishment and now ... adult trial rights in Kansas
Posted on June 22, 2008Thanks to this post at How Appealing, I sse that the Kansas Supreme Court on Friday held In the matter of LM, No. 96, 176 (Kan. June 20, 2008) (available here), that "that juveniles have a right to a jury...
Why is Senator Jim Webb the only national figure focused on the prison economy?
Posted on June 21, 2008I find it so very exciting that Senator Jim Webb continue to question the US incarceration rate and to explore the economic consequences of mass incarceration and criminal justice drug policies. Senator Webb's congressional hearing on these topics this week...
Judge Adelman operationalizes deconstructed child porn guidelines
Posted on June 20, 2008As noted here, the federal defenders' first paper in its important "Deconstructing the Guidelines" project addressed the child porn guidelines. Fortunately for a defendant sentenced today, federal District Judge Lynn Adelman keeps up with his sentencing reading: he cites this...
Seventh Circuit reverses sentence for procedural unreasonableness
Posted on June 20, 2008At the end of a long opinion rejecting various trial complains, the Seventh Circuit reverses a within-guideline sentence as procedurally unreasonable in US v. Carter, No. 06-2412 (7th Cir. June 20, 2008) (available here). In Carter, the district court seemed...
"Teen Hacker Could Get 38-Year Sentence for Fixing Grades"
Posted on June 20, 2008The headline of this post is the headline of this article from the E-Commerce Times. Here is start of the piece: They may be just kids, but two Orange County, Calif., teens are accused of committing a whole bunch of...
"Live Free or Die," but be sure to pay up NH sex offenders
Posted on June 20, 2008The official motto of the state of New Hampshire is "Live Free or Die." But, as detailed in this local article, it is apparently fine in the state to charge a fee for sex offender as they make this choice:...
(Too) little coverage of JEC hearing on US drug policy
Posted on June 20, 2008Especially with Senator Jim Webb generating buzz as a VP possibility, I am surprised there was not more media coverage of the hearing he conducted yesterday on US drug policy. Fortunately, this local story, headlined "Webb urges fresh look at...
There's no crying in court (especially in a capital case)!?!?!
Posted on June 19, 2008"Are you crying, defense counsel? Are you crying? Are you crying?... There's no crying, ... there's no crying,in court! Professor Kingfield was my professor, and he gave me a dime and told me to call my parents to tell them...
A remarkable (failed) judicial effort to nullify a mandatory minimum sentence
Posted on June 19, 2008A per curiam decision today from the Eleventh Circuit in US v. Castaing-Sosa, No. 07-15490 (11th Cir. June 19, 2008) (available here), is remarkable for many reasons. Here are the snippets (with a few edits) that really caught my attention:...
A quick round of dicta jeopardy: Name That Jurist!
Posted on June 19, 2008Reviewing some judicial opinions, one particularly notable sentence jumped out at me, in part because of the author. Here is the sentence: Rather, the dignity at issue [in this case] is the supreme human dignity of being master of one?s...
"Mexico asks World Court to halt U.S. executions"
Posted on June 19, 2008The headline for this post comes from the headline to this Reuters piece. Here are some specifics from the start of the article: Mexico asked the World Court on Thursday to take urgent steps to stop imminent U.S. executions of...
Parental punishment found excessive in Canada
Posted on June 19, 2008Thanks to this humorous post from Eugene Volokh about a hard-to-believe true story, I found press reports here and here about a Canadian superiour court ruling about excessive parental punishment. Here are the basics from this press account: First, the...
Still waiting for criminal justice biggies from SCOTUS
Posted on June 19, 2008As it does so well, SCOTUSblog has all the news on the Supreme Court's work this morning. Five opinions were released, but the big three I am most interested in (Exxon, Heller, Kennedy) were not among the bunch. Next Monday...
Seeking reports on JEC hearing on US drug policy this morning
Posted on June 19, 2008Though it has received no press coverage, I consider very notable Senator Jim Webb's convening a hearing this morning of Congress's Joint Economic Committee (JEC) to examine the economic consequences of the US drug policy (previously discussed here). This official...
The latest must-read from Prof. Stuntz
Posted on June 18, 2008Though I do not always accept Professor Bill Stunz's anaylsis, I always learn and am provoked by his scholarly work. His latest opus, entitled "Unequal Justice," in now in print here at the Harvard Law Review. Here is the abstract:...
New FAMM publication talks about Second Chance Act
Posted on June 18, 2008I noticed from the FAMM website that the latest FAMMGram is available here, and includes a "cover story on the Second Chance Act, including the most frequently asked questions, and much more." Here is how the dicussion of the Second...
A timely scholarly piece in light of the Kozinski kerfuffle
Posted on June 18, 2008I am still thinking about what to think about the Kozinski kerfuffle (though I love the alliteration that comes with calling this story a kerfuffle). While I think, I plan to check out this article I just noticed on SSRN,...
Intriguing Apprendi habeas decision from Seventh Circuit
Posted on June 18, 2008Through a lengthy opinion today in Mack v. Battaglia, No. 06-3257 (7th Cir. June 18, 2008) (available here), the Seventh Circuit turns away an interesting Apprendi claim coming from an Illinois prisoner. Here is the start of the panel's analysis...
Hood execution stopped at last minute
Posted on June 17, 2008According to this AP article, a "state district judge has put off the scheduled execution of Charles Dean Hood for a double slaying in suburban Dallas almost 20 years ago." Here's more: In an order signed just over an hour...
Third time's (almost) the charm in Tenth Circuit sentencing case
Posted on June 17, 2008In an interesting decision in a case that may seem to the Tenth Circuit to be never-ending, a panel today affirms an above-guideline sentence in US v. Wittig, No. 07-3051 (10th Cir. June 17, 2008) (available here). Here is how...
Two states scheduled to execute today
Posted on June 17, 2008Both Oklahoma and Texas have executions scheduled for today. Though the scheduled Oklahoma execution is the first one for the state in nearly a year (details in this AP story), the Texas execution is making the most news because of...
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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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