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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.
Will the new US Pardon Attorney "scandal" garner any serious attention?
Posted on February 05, 2008As I had predicted and feared, buzz about Super Tuesday has totally eclipsed the new story suggesting scandalous behavious by the now-resigned former US Pardon Attorney Roger Adams. Fortunately, FAMM is unlikely to let this story go away without a...
Helping the federal judiciary (but not private lawyers) with crack retroactivity
Posted on February 05, 2008A self-described "friend of the blog" sent me the following e-mail: I thought that you might be interested in the programs that the Federal Judicial Center is developing for the District Courts. The e-mail announcing the programs is set out...
What might Second Amendment strict scrutiny mean for strict gun laws?
Posted on February 05, 2008As detailed in this article in today's Washington Post and this post at SCOTUSblog, attorneys for respondent Dick Heller filed this brief in the Supreme Court assailing the constitutionality of DC's gun restrictions under the Second Amendment. Among many interesting...
Is even Texas justice going softer on capital punishment?
Posted on February 05, 2008Because Texas is the only state that seems really invested in and committed to capital punishment, I found the headline of this local article from Austin really interesting: "Four Travis candidates lay out their views on death penalty: Three of...
"The Subjective Experience of Punishment"
Posted on February 05, 2008With thanks to Larry Solum for this pointer, I see Adam Kolber has this new paper on SSRN titled "The Subjective Experience of Punishment". Here is the abstract: Suppose two people commit the same crime and are sentenced to equal...
Another notable sentencing ruling from the Sixth Circuit
Posted on February 04, 2008Keeping up with just the Sixth Circuit sentencing jurisprudence is becoming a full-time job, and today brings yet another thoughtful sentencing ruling from a panel of that court. Today's work is in US v. Conatser et al., Nos. 06-5694/5946 (6th...
The sad (unpardonable) state of compassion in the Bush Administration
Posted on February 04, 2008Writing in today's New York Times, George Lardner has this potent op-ed headlined "Begging Bush's Pardon." Here are a few excerpts from a piece that deserves a full read and lots of attention even while other political matters are making...
Finding "Compassion in Juvenile Sentencing"
Posted on February 04, 2008Thanks to CDW, I just discovered the new blog Compassion in Juvenile Sentencing. Here is how the creator has described her new project: My name is Lisa Kenney and I became aware the number of individuals in my home State...
Connecticut getting serious about a serious sentencing commission
Posted on February 04, 2008This local news piece reports on another state getting serious about creating a permanent sentencing commission. Here are the basics (with a notable guidelines twist): A panel of experts is expected to recommend that the state form a permanent commission...
Poetic sentencing justice thanks to Wal-Mart
Posted on February 04, 2008As first discussed here, the re-sentencing of former Wal-Mart vice chairman Tom Coughlin resulted in an interesting and important post-Gall opinion from U.S. District Judge Robert Dawson. The full 30-page opinion (available here) merits a close read, and I wanted...
More on the Snipes jury outcome and acquitted conduct enhancements
Posted on February 04, 2008Following up my post on Friday's verdict in the Welsey Snipes tax evasion trial, I received this notable e-mail from a lawyer who had a criminal trial before the federal district judge in charge of Snipes' sentencing fate: Snipes -...
Super Tuesday and sentencing "change"
Posted on February 04, 2008Tomorrow, so-called Super Tuesday, will likely be the biggest single day in the 2008 presidential campaign until November. Thus, I thought it appropriate to spotlight a few of my favorite posts from my Campaign 2008 archive as pundits everywhere gear...
Valuable new paper on sex offender registration realities
Posted on February 04, 2008Professor Wayne Logan has this interesting new little paper on SSRN, titled "Sex Offender Registration and Community Notification: Past, Present, and Future." Here is the abstract: Based on a keynote address delivered in conjunction with the Journal's annual symposium, this...
Why tight budget times will speed path to technocorrections
Posted on February 03, 2008I am so sorry that Mike at the CS blog is calling it quits, because a local story from my local statehouse highlights why he is so right in emphasizing that tight state budgets will increase affinity for technocorrections. This...
Is legislation to lower federal sentences a real possibility in 2008?
Posted on February 03, 2008In this recent post, I hinted at my own pessimism about the prospects of legislation to lower federal sentences during an election year. But this new article from the Houston Chronicle strike a distinctly more optimistic tone. Here a excerpts:...
Could Nebraska become the next state to repeal its death penalty?
Posted on February 03, 2008As detailed in local articles here and here, debate over the death penalty is heating up again in Nebraska. Here are a few details from the news report: Term limits are forcing him out, but Ernie Chambers hopes to leave...
Another Wal-mart (sentencing) discount for former executive
Posted on February 02, 2008This article discussing a high-profile federal sentencing in Arkansas provides yet another example of the impact of the Supreme COurt's Gall decision on currect federal sentencing realities. Here are some highlights: A federal court judge Friday gave former Wal-Mart vice...
Senate crack/powder sentencing hearing later this month
Posted on February 02, 2008As detailed in this official hearing notice and in this FAMM webpage, the U.S. Senate Judiciary Committee, Subcommittee on Crime and Drugs has scheduled a hearing for the afternoon of Tuesday, February 12 titled "Reforming the 100-to-1 Crack/Powder Disparity...
Split verdict in Wesley Snipes trial ... and another potential high-profile acquitted conduct case
Posted on February 01, 2008As detailed in this early news report, today brought "a split verdict in the tax evasion case against actor Wesley Snipes." Here are more specifics: A federal jury in Ocala this afternoon found Snipes guilty of three misdemeanor charges of...
First Survivor winner voted loser in First Circuit
Posted on February 01, 2008Just in time for next week's premier of Survivor: Micronesia - Fans vs. Favorites, the First Circuit today affirmed in this long opinion the federal convictions and sentence of Richard Hatch, who won the first installment of the reality TV...
Fascinating Eighth Circuit case on restitution
Posted on February 01, 2008A somewhat amusing set of facts leads to an Eighth Circuit opinion today addressing a very interesting set of legal issues in US v. Chalupnik, No. 07-1355P (8th Cir. Feb. 1, 2008) (available here). Here is how the opinion starts:...
SCOTUS grants last-minute execution stay in Alabama
Posted on January 31, 2008According to this new AP story, a "murderer scheduled to die in what would have been the nation's first execution in months won a last-minute reprieve Thrusday from the U.S. Supreme Court, prison officials said." Here's more from the AP...
A loooong Eleventh Circuit opinion reversing below-guideline sentence
Posted on January 31, 2008Though I doubt it will be quite as exciting as either the Lost season premire or the Democrats playing one-on-one, part of my evening plans now include readind the Eleventh Circuit's new 50-page(!) opinion addressing reasonableness review in US v....
Drug laws, racial attitudes and jurisprudence
Posted on January 31, 2008Alex Coolman, the lawyer who authors the always interesting Drug Law Blog, has a terrific new post providing the particulars interview with Prof. Doris Marie Provine, author of the book Unequal Under Law: Race in the War on Drugs. Here...
Around the blogosphere
Posted on January 31, 2008Lots and lots of interesting new posts that should be of interest to sentencing fans can be found at the following blogs: Capital Defense Weekly Corrections Sentencing Crime and Consequences Grits for Breakfast White Collar Crime Prof Check 'em out.
Where "acceptance of responsibility" outer limits meets the sentencing twilight zone
Posted on January 31, 2008A new Tenth Circuit opinion in US vs Lozano, No. 06-1424 (10th Cir. Jan. 30, 2008) (available here) makes it hard not to recall classic sci-fi television shows like "The Outer Limits" and "The Twilight Zone." (Perhaps I should do...
Fifth Circuit flags yet another criminal history circuit split for SCOTUS to consider
Posted on January 31, 2008By my count, the Supreme Court this Term has four cases on its docket (which is more than 5% of its merits docket) committed to resolving circuit splits concerning the impact and import of state criminal convictions in the application...
Is an Alabama execution possible this week after Eleventh Circuit lifts a stay?
Posted on January 30, 2008It has been a long time since any lower court has generated serious execution news over the last three months as the Baze lethal injection de facto moratorium settled in. However, as detailed in this brief AP piece from Alabama,...
Lies, damned lies, and recidivism statistics
Posted on January 30, 2008Thanks to this post at Sex Crimes, I see that the Numbers Guy at the Wall Street Journal has this effective post asking the important question "How Likely Are Sex Offenders to Repeat Their Crimes?" and this related print story...
Feds saying harm to reputation justifies a below-guideline sentence for Bill Lerach
Posted on January 30, 2008As detailed in this New York Sun article and this WSJ Law Blog post, federal prosecutors "are seeking a two-year prison term for one of the nation's most successful class-action attorneys, William Lerach." The Sun article explains why this is...
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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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