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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.
Prohibition on sex offenders using social media websites among new laws being considered in California
Posted on May 26, 2010As detailed in this new San Diego Union Tribune article, which is headlined "Bill would limit sex offenders? Internet use: Enforcement would be difficult, critics say," the recent high-profile crimes involving sex offender John Gardner in California is prompting more...
"Jesus Christ, Capital Defendant"
Posted on May 26, 2010The title of this post is the headline given to this new commentary by Professor Mark Osler now up at the Huffington Post. The full piece is a worthwhile read for anyone interested in either Jesus Christ or capital punishment,...
Attorney General Holder issues new DOJ policy guidance on charging and sentencing practices
Posted on May 26, 2010Thanks to a helpful reader, I just received a copy of what appears to be an important new memorandum from Attorney General Holder to all federal prosecutors concerning "Department Policy on Charging and Sentencing." This new three-page "Holder memo" (which...
Interesting discussion of the rule of lenity's application to advisory guidelines
Posted on May 26, 2010A helpful reader alerted me to a very interesting concurring opinion authored by Judge Pryor (joined by Judge Fay) in the Eleventh Circuit's decision in US v. Wright, No. 09-12685 (11th Cir. May 26, 2010) (available here). The decision talks...
Former Detroit mayor Kwame Kilpatrick gets long prison sentence for probation violation.
Posted on May 25, 2010As detailed in this local article, which is headlined "Judge sentences Kilpatrick 18 months to 5 years in prison," former Detroit Mayor Kwame Kilpatrick got the book thrown at him this morning by a state judge at his sentencing for...
DOJ resisting efforts to disinfect the federal celemency process with some sunlight
Posted on May 25, 2010Supreme Court Justice Louis Brandeis famously advocated for transparency and honesty in public policy with the wondrous aphorism "sunlight is the best disinfectant.? This bright idea came to my mind when I saw this fascinating new article in The National...
I wonder what L. Ron Hubbard might think about a year-long prison sentence for a cyber attack on the Church of Scientology
Posted on May 25, 2010As detailed on this page of official website of the Church of Scientology, the religion created by L. Ron Hubbard is committed to "building a world free of crime." In light of that noble commitment, I wonder what the late...
"A B-Minus? The Shock! The Horror!"
Posted on May 25, 2010The title of this post is the headline of this amusing article in the New York Times concerning Solicitor General Elena Kagan's performance during her time as a student at Harvard Law School. The story is a must-read for anyone...
"Judicial Discretion and Sentencing Behavior: Did the Feeney Amendment Rein in District Judges?"
Posted on May 25, 2010The title of this post is the title of this new article authored by two economists, Beth Freeborn and Monica Hartmann, which appears in the June 2010 issue of the Journal of Empirical Legal Studies. Here is the abstract: This...
Another notable dissent in Tenth Circuit habeas reversal of mass murderer's death sentences
Posted on May 25, 2010Providing a notable case for comparing and contrasting to the Eighth Circuit work in Deegan today (basics here), the Tenth Circuit handed down its own fascinating split sentencing opinion in the capital habeas case of Hooks v. Workman, No. 07-6150...
Remarkable opinions in remarkable sentencing case from the Eighth Circuit
Posted on May 25, 2010A helpful reader made sure I did not miss the remarkable sentencing work coming from the Eighth Circuit today in US v. Deegan, No. 08-2299 (8th Cir. May 25, 2010) (available here). The case is remarkable in part because of...
"Lindsay Lohan New Spokeswoman for SCRAM Alcohol Testing Accessory"
Posted on May 24, 2010The title of this post is the headline of this new piece from SheWired.com, which provides a cheeky and gendered take on the celebrity technocorrections news coming from Hollywood this morning. Here are the details: Following her weeks-long odyssey ditching...
Cause for celebration: FBI stats show crime rates dropping again
Posted on May 24, 2010This new Reuters report provides the latest, greatest encouraging statistics about crime rates: Murders and auto thefts fell sharply in the United States in 2009, extending the downward trend in violent and property crimes, according to preliminary statistics released by...
Notable statutory interpretation embrace of a basic offense/offender distinction for elements and sentencing factors
Posted on May 24, 2010As long-time readers or hard-core sentencing fans may know, when I was first trying to make sense of Blakely, I was drawn to distinguishing between offense conduct and offender characteristics in the application of Apprendi's "bright-line rule." I first developed...
Is the biggest SCOTUS story this morning what the Justices decided not to decide?
Posted on May 24, 2010Perhaps vindicating Chief Justice Roberts' vision of a more "minimalist" Supreme Court, the biggest story emerging from the sets of criminal justice opinions issued this morning (links here) seems to be what the Justices decided not to decide. That said,...
SCOTUS in O'Brien preserves (for now) McMillan precedent (to Justice Stevens' chagrin)
Posted on May 24, 2010Based on a quick review of all of today's SCOTUS action, the biggest news for hard-core sentencing fans seems to be the continued preservation of the McMillan/Harris mandatory minimum "exception" to Apprendi/Blakely Sixth Amendment rule by virtue of the Supreme...
Lots of SCOTUS sentencing action this morning
Posted on May 24, 2010SCOTUSblog is already reporting five cert grants from the Supreme Court and these opinions: US v. Marcus dealing with plain error review; government win US v. O'Brien dealing with elements and sentencing factors; defense win Jefferson v. Upton, a summary...
Colorado reducing penalties for certain drug possession crimes
Posted on May 24, 2010Providing an interesting sign of somewhat different sentencing times, this AP story reports on a new Colorado law that reduces some sentencing terms. The piece is headlined "CO Penalties For Some Drug Possession To Decrease," and here are the basics:...
Insiders reporting James Cole tapped to be next Deputy Attorney General
Posted on May 23, 2010Sentencing fans know that, with the Justice Department's still on-going internal review of sentencing and corrections policy and with lots of important SCOTUS and USSC sentencing decisions in the works, the DOJ remains a critically important playing in helping to...
Terrific examination of prosecutorial discretion, politics and other three-strikes realities in California
Posted on May 23, 2010Today's New York Times magazine has this must-read article by Emily Bazelon headlined "Arguing Three Strikes." Here are just a few extended excerpts that make the piece so very interesting and effective and telling: In 2000, ... Steve Cooley became...
Statutory ranges, guidelines, sentencing advocacy and the power of priming
Posted on May 23, 2010A notable new piece on legal advocacy by Kathryn Stanchi now available here on SSRN, "The Power of Priming in Legal Advocacy: Using the Science of First Impressions to Persuade the Reader," reminds me of what I consider to be...
Damn you, you wonderful Google!
Posted on May 22, 2010Though having nothing to do with sentencing, I have to use this blog space to praise the folks at Google for celebrating the the 30th anniversary of Pac Man, arguably the greatest video-game of all time and certainly an obsession...
"After 18 years, a serial killer's day in court arrives"
Posted on May 22, 2010The title of this post is the headline of this sad and telling story from the Oakland Tribune, which highlights some of the dysfunction aspects of California's death penalty system. Here is how the piece begins: The "Day Stalker" serial...
Blogging's virture (and partisanship's vice) given the value of "ideas having sex"
Posted on May 22, 2010This terrific piece in the Wall Street Journal, which is headlined "Humans: Why They Triumphed," provides an enjoyable and stimulating read. The piece is full of fascinating ideas about human progress and intellectual evolution, while also coining my latest favorite...
"First, They Came for the Sex Offenders"
Posted on May 21, 2010The title of this post is the heading of this interesting new commentary at Cato's @ Liberty blog by David Rittgers. Here is how it starts: First, they came for the sex offenders. I am not a sex offender, but...
"Student's Privacy Rights Violated in Pa. 'Sexting' Case, ACLU Suit Says"
Posted on May 21, 2010The title of this post is the headline of this interesting piece by Shannon Duffy in the The Legal Intelligencer. Here is how it starts: The hot-button issue of "sexting" is coming back to court and this time the ACLU...
Detroit City Council to make a victim impact statement in sentencing of former mayor Kwame Kilpatrick
Posted on May 21, 2010This local article, which is headlined "City Council Writing Victim Statement: Council's Statement To Be Read At Ex-Mayor's Sentencing," reports on an intriguing example of victim input in a high-profile sentencing. Here are the basic details: Members of the Detroit...
California Democrats making a push for repeal of state's death penalty
Posted on May 21, 2010I am already keeping on eye on crime and justice politics in California because of the marijuana legalization ballot initiative going to the voters this fall. And this recent front-page article from the San Francisco Chronicle, which is headlined "Dems...
"Judge Weinstein Takes On Child Pornography Laws"
Posted on May 21, 2010The title of this post is the headline of this effective new article in the New York Times, which gives special attention to Judge Jack Weinstein's handling of the Polizzi case. Here is the start of the must-read piece: In...
Interesting talk in Oklahoma about creating a "Christian Prison"
Posted on May 21, 2010I just came across this fascinating local story from Oklahoma headlined "Christian Prison Remains On Hold: Leaders Say They Need Commitment From Prisoners." (Hat tip: Prison Law Blog). Here are the basics: A private firm proposing a prison in Wakita....
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Eminent domain, demographics and immigration policy
On the face of it, you may be wondering what eminent domain,...
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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