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Criminal Law

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

SCOTUS apparently still not interested in reconsidering Almendarez-Torres

Posted on February 22, 2011
A helpful reader highlighted to me that among the cases in which the Supreme Court denied cert this morning were Ayala-Segoviano v. United States, 10-5296, and Vazquez v. United States, 10-6117. Those case are notable for Sixth Amendment fans because,...

Special issue of Criminology & Public Policy examines mass incarceration and targeted policing

Posted on February 21, 2011
I was pleased this weekend to discover that the February 2011 issue of Criminology & Public Policy is devoted to the idea that society would be well served to reallocate resources from mass incarceration to targeted policing. Here is the...

"State parole system called a 'sad mess'"

Posted on February 21, 2011
The title of this post is the headline of this local article discussing Massachusetts' parole system. Here are excerpts: Two recent instances in which men paroled from multiple life sentences went on to re-offend has one member of the Governor's...

Big(?) criminal justice week ahead as SCOTUS gets back to work

Posted on February 21, 2011
The Supreme Court is back to work in earnest starting tomorrow morning, with these three criminal procedure case on tap for oral arguments Tuesday and Wednesday: US v. Tinklenberg, which concerns application of the the Speedy Trial Act (SCOTUSblog coverage...

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"How $31 of pot gave mom a 10-year-prison sentence"

Posted on February 21, 2011
The title of this post is the headline of this very interesting local sentencing story out of Oklahoma. Here are the details: On Dec. 31, 2009, [25-year-old Patricia Marilyn] Spottedcrow and her mother, Delita Starr, 50, sold a ?dime bag?...

Great new article "celebrating" a quarter century of federal sentencing under the SRA

Posted on February 19, 2011
Inspired in part by my recent (serious!?!) post suggesting we ought to consider how IBM's Watson computer could aid sentencing decision-making, a couple of helpful readers pointed out this new article by J.C. Oleson in the University of Richmond Law....

Upcoming MSU symposium to examine North Carolina Racial Justice Act

Posted on February 19, 2011
As detailed here, in early April 2011 the Michigan State University College of Law is having a symposium entitled "Moving Beyond 'Racial Blindsight'? The Influence of Social Science Evidence after the North Carolina Racial Justice Act." This webpage includes an...

Florida still dealing with the fall-out and challenges of Graham

Posted on February 19, 2011
This local article, headlined "After U.S. Supreme Court ruling, local juveniles seek to have sentences thrown out," spotlights some of the issues that Florida continues to confront as a consequence of the Supreme Court's Eighth Amendment decision last year in...

"Prosecutors fear losing death penalty in Illinois"

Posted on February 18, 2011
A fast internet connection and a break in the great Toledo symposium panels provides me with an opportunity to link to this interesting new Chicago Tribune article which shares a headline with the title of this post. Here is an...

How might IBM's "Watson" do as a sentecing judge (or a law clerk)?

Posted on February 18, 2011
The provocative question in the title of this post is inspired in part by all the discussion of evidence-based sentencing decision-making during the great Toledo sentencing symposium and also by this information technology article headlined "IBM, Nuance to Tune Watson...

Ohio completes long-awaited execution (and the seventh in six different states in 2011)

Posted on February 17, 2011
As detailed in this local article, Ohio got its machinery of death up and running earlier today. Here is the backstory of a particularly notable execution: When Frank Spisak was going on "hunting parties" targeting blacks in Cleveland, Ronald Reagan....

Timely student note on 11(c)(1)(C) pleas and sentence modifications

Posted on February 17, 2011
Next wednesday, the Supreme Court will hear argument in Freeman v. USconcerning whether a defendant sentenced pursuant to 11(c)(1)(C) plea may be able to get a sentence modification based on new retroactive guidelines. And, just in time for the argument,...

Illinois Attorney General urging Gov Quinn to veto death penalty repeal

Posted on February 17, 2011
I just learned from this report that Illinois' "Democratic Attorney General Lisa Madigan [is] urging Gov. Pat Quinn not to sign a bill on his desk to abolish the death penalty." Here is the start of the letter AG Madigan...

"The State of Sentencing 2010: Developments in Policy and Practice"

Posted on February 17, 2011
The title of this post is the title of this new report from the folks at The Sentencing Project. Here is how it begins: Today, 7.2 million men and women are under correctional supervision. Of this total, five million are...

In Toledo to talk about Ohio sentencing policies and practices

Posted on February 17, 2011
I am pleased and honored to be in Toledo tonight and tomorrow to participate in a terrific symposium sponsored by the University of Toledo Law Review titled "Ohio?s Sentencing Policies and Practices, Costs and Consequences." This webpage provides some backstory:...

Somali pirate gets sentence of nearly 34 years in federal prison

Posted on February 16, 2011
As detailed in this Bloomberg report, "Somali pirate Abduwali Muse was sentenced to 33 years and nine months in prison for hijacking the container ship Maersk Alabama in the Indian Ocean in 2009." Here is more: U.S. District Judge Loretta...

USSC holds public hearing on its proposed guideline amendment

Posted on February 16, 2011
As detailed in this official notice, today the US Sentencing Commission has been conducted a public hearing "to gather testimony from invited witnesses regarding proposed amendments to the federal sentencing guidelines and issues for comment." Helpfully, this official agenda not...

For those listening to the federal sentencing AFDA web program today...

Posted on February 16, 2011
apologies for the technical glitch. Apparently, too many people tried to sign on to the program at once, and we managed to crash the Adobe server (which said it could handle 500 folks). I am flattered to discover more than...

Should more (and male) inmates be permitted (and even encouraged) to raise babies behind bars?

Posted on February 16, 2011
The provocative question(s) in the title of this post is prompted by this local storyout of Washington, which is headlined "8 babies behind bars at Washington womens prison." Here are the basics that prompt my query: Right now, at Washington's...

Georgia's Chief Justice talks up the need for state sentencing reform

Posted on February 16, 2011
As detailed in this local article, "Chief Justice Carol Hunstein says it's time for Georgia to reform its tough criminal sentences." Here's more: In her annual State of the Judiciary address to a joint session of the state Legislature on...

Prosecutors win one round of the sentencing reform debate in Indiana

Posted on February 15, 2011
This interesting new story from Indiana, headlined "Daniels-backed prison reform is dealt a blow by prosecutors," spotlights how readily a legislature can morph a sentence-reducing reform proposal into a sentence-enhancing reform proposal. Here are the details: A criminal justice reform...

New student note on restitution sentences for child porn downloaders

Posted on February 15, 2011
A helpful reader pointed me to this timely new student note by Dennis DiBari titled "Restoring Restitution: The Role of Proximate Causation in Child Pornography Possession Cases Where Restitution is Sought." Here is the abstract: The issue of causation is...

"Budget Crunch Forces A New Approach To Prisons"

Posted on February 15, 2011
The title of this post is the headline of this NPR story which rant today and starts this way: Budget problems are forcing states and the federal government to rethink their approach to prisons. More than 2 million people are...

Full Eleventh Circuit examining Georgia's procedure for capital defendants under Atkins

Posted on February 15, 2011
As detailed in this Atlanta Journal-Constitution article, which is headlined "Court considers death-penalty standard for mental retardation claims," all the judges of the Eleventh Circuit heard argument today on an interesting and important issue of constitutional capital procedure...

Washington state bill proposes branding of license plates of drunk drivers

Posted on February 15, 2011
As detailed in this local story, a state legislator in Washington is proposing a vehicular scarlet letter for drunk drivers. Here are the details: Representative Norma Smith of Clinton wants to require drivers convicted of DUI after 2012 to have...

"Deadly Dilemmas III: Some Kind Words for Preventive Detention"

Posted on February 14, 2011
The title of this post is the title of this notable new paper from Professors Larry Laudan and Ronald Allen, which is now posted on SSRN. Here is the abstract: This paper explores the role of assessments of dangerousness in...

Criminal justice cuts in President Obama's proposed budget

Posted on February 14, 2011
The Crime Report has this effective entry, based on this official document, reviewing the criminal justice cuts in the proposed budget released today by President Obama's administration: President Obama's proposed federal budget for the year starting Oct...

A list of themes for stopping drug war "madness"

Posted on February 14, 2011
Ethan Nadelmann has this notable new essay titled "The Disastrous War on Drugs Turns 40: 5 Ways to Stop the Madness." I am interested in reader reactions to his suggested five key themes stressed at the end of this essay:...

"Mass Incarceration and the Paradox of Prison Conditions Litigation"

Posted on February 13, 2011
Thanks to the always great Prison Law Blog, I just discovered the very interesting article that shares a title with this title of this post. This piece is by Heather Schoenfeld in a recent issue of Law & Society Review....

Missouri prison breaking in new geriatric wing

Posted on February 13, 2011
This new piece, headlined "Aging inmates challenge Missouri prison system," concerning a new wing of a Missouri prison reports on what is becoming old problem for states dealing with old inmates. Here are excerpts: A prison in Missouri's capital now....

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