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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.
"The Virginia debate: Should marijuana be decriminalized? legalized?"
Posted on January 25, 2010The title of this post is the headline given by The Daily Press newspaper to this archive of recent articles and commentaries about debates in Virginia concerning marijuana crimes and punishment. Here are the headlines, with links and summaries, from...
Federal judge rejects plea with long sentencing recommendation because it is not long enough
Posted on January 25, 2010This New York Times article from late last week, which is headlined "Plea Rejected in Case of Hepatitis Infections," spotlights the role that victims can sometimes play in getting sentencing judges to reject plea deals even when they include significant...
SCOTUS grants cert on another mandatory minimum sentencing issue
Posted on January 25, 2010Adding to a docket that is already heavy with important sentencing cases, the Supreme Court this morning added another through its cert grant the consolidated cases of Abbott v. United States (09-479) and Gould v. United States (09-7073). Here is...
SCOTUS decides to dodge reconsideration of big confrontation clause issues
Posted on January 25, 2010Many criminal justice court-watchers were keeping a close eye on this term's seemingly big Sixth Amendment confrontation clause case, Briscoe v. Virginia, based on the notion that the case would give the Justice a new opportunity to examine la st...
What can and should be done about Pennsylvania's decade-long moratorium on executions?
Posted on January 25, 2010This new piece in the Pittsburgh Post-Gazette, which is headlined "Death row inmates stay indefinitely: No one has been executed in Pennsylvania since 1999," raises the question in the title of the post. As the start of the article highlights,...
Shouldn't Javaris Crittenton be a Second Amendment hero rather than a sentenced zero?
Posted on January 25, 2010Perhaps because I taught a Second Amendment seminar last semester, I keep noticing cases in which a person gets in big criminal justice trouble for keeping or bearing arms in a manner that would seem to be within the spirit...
NBA player Javaris Crittenton quickly charged and sentenced for role in Wizards "gun fun"
Posted on January 25, 2010This press release provides the details concerning the swift (and sound?) form of justice administered to the other player involved in gun play with Gilbert Arenas last month in the locker room of the NBA's Washington Wizards. Here are the...
Lots of good reading around the crim law blogosphere...
Posted on January 25, 2010at many of my favorite criminal law blogs, including: California Corrections Crisis (with recent favorite "GPS Monitoring: Now Expanded to Include Gang Members") Crime and Consequences (recent fav "Arresting DNA, Part II") CrimProf Blog (recent fav "Crime and Punishment Symposium...
"State must put 'death' back in death row"
Posted on January 24, 2010The title of this post is the headline of this new commentary in the Sacremento Bee that is authored by David E. Brown, a former commissioner and chief counsel of California's Parole Board. Here are a few excerpts: Admittedly, California's...
A crappy case concerning prisoner poo before New Hampshire Supreme Court
Posted on January 24, 2010Though easily the basis for a lot of bad dirty jokes (as this post has already excreted), this story from the The Concord Monitor actually raises a host of interesting legal issues concerning prison conditions and criminal assaults. (Potty tip:...
Some headlines from state legislative debates over the death penalty
Posted on January 23, 2010There is talk of death penalty repeal these days in both Kansas and Washington state. Here is some local reporting on these debates: From Kansas here, "Families testify in support of death penalty" From Washington here, "Bill proposes abolishing Wash...
Roman Polanski's request to be sentenced in abstentia is denied
Posted on January 23, 2010This Los Angeles Times article provides the latest news in the Roman Polanski sentencing saga. Here are the basics: A Los Angeles County Superior Court judge Friday denied Roman Polanski's request to be sentenced in absentia, scuttling the director's latest...
Welcome to the blogosphere the "Prison Law Blog"
Posted on January 23, 2010A law and history student at Stanford sent me this note about Prison Law Blog, a new blog that she has started: I remember reading a post on your blog a while back in which you encouraged more bloggers to...
DC Circuit approves broad internet restriction as part of sex offender's supervised release conditions
Posted on January 22, 2010Through an interesting ruling today in US v. Love, No. 07-3140 (DC Cir. Jan. 22, 2010) (available here), the DC Circuit has approved a pretty broad internet restriction on a pretty bad sex offender. The Love ruling is worth a...
Fitting account of Dan Freed's sentencing contributions in NY Times
Posted on January 22, 2010Today's New York Times has a fine and fitting discussion of Dan Freed's many contributions to sentencing law and policy in this obituary. Here are excerpts: Daniel J. Freed, a Yale Law School professor who was a leading intellectual influence...
Latest insights about Gilbert Arenas's likely punishment(s)
Posted on January 22, 2010This terrific new ESPN piece, which is headlined "The ball is in Gilbert Arenas' courtroom: Looks like the Wizards star can keep his NBA contract. His freedom? Maybe not so much," provides a very effective update on legal issues surrounding...
Notable corrections snippet from AG Holder's speech to sheriffs
Posted on January 22, 2010I just received this link to the text of Attorney General Eric Holder "Addresses the National Sheriffs? Association?s 2010 Winter Conference." Here is one snippet that especially caught my attention: In the months ahead, we plan to give particular emphasis...
"Senate Committee Passes National Criminal Justice Commission Act of 2009"
Posted on January 21, 2010I have been speculating to various folks that the changed headcount in the Senate after this week's election in Massachusetts might be a good development for those eager for criminal justice reform. My theory for this speculation is that perhaps...
Nebraska legislature rejects proposal to assess costs of the death penalty
Posted on January 21, 2010This interesting story from Nebraska, which is headlined "How expensive is the death penalty?", confirms my fear that at least some proponents of the death penalty are afraid to take a serious and somber look at whether capital punishment makes...
Will Citizens United ruling impact crime and justice campaign advertising?
Posted on January 21, 2010As expected, the Supreme Court's special session today resulted in its announcement of its long-awaited decision in Citizens United. Here are the first reports about the decision from the always-terrific SCOTUSblog (with a few edits): Justice Kennedy writes for the...
Rape victim in Roman Polanski case complaining about prosecutors violating her rights
Posted on January 21, 2010This new Los Angeles Times article, which is headlined "Victim in Roman Polanski rape case expected to take new legal step on his behalf," reports on the latest fascinating twist in the Roman Polanksi case. Here is how the piece...
California Supreme Court stricks down limits medical marijuana quantities
Posted on January 21, 2010The Supreme Court of California today in People v. Kelly, No. S164830 (Cal. Jan. 21, 2010) (available here), has struck down an attempt to place a regulatory limit on how much marijuana a ?qualified patient? may possess or cultivate. Here...
Light sentence for heavy-duty crime in Ohio
Posted on January 21, 2010I cover a lot of heavy topics on this blog, and this recent sentencing story from Ohio seems even more hefty than most. The piece is headlined "Overweight Woman Sentenced in Boyfriend's 'Sitting' Death," and here are the meaty specifics:...
Interesting Justice alignments in SCOTUS affirmance of state death sentence in Wood v. Allen
Posted on January 20, 2010Though another SCOTUS opinion day has come and gone without any blockbuster rulings, the Court did this morning hand down a ruling Wood v. Allen, 08-9156 (Jan. 20, 2010) (available here), affirming a state death sentence. Though full commentary on...
Noting the latest data showing reduced (but disparate) federal sentences for child porn downloaders
Posted on January 20, 2010This new Wall Street Journal article, which is headlined "Judges Trim Jail Time for Child Porn: Data Show Trend Toward Leniency for People Who View Images but Aren't Molesters," provides the latest main-stream media coverage of a leading federal sentencing...
"Supreme Court mandates 'dignity and respect' in death sentencing"
Posted on January 20, 2010The title of this this post is the headline of this Washington Post article yesterday's SCOTUS split decision in Wellons v. Hall (09-5731) (available here). The headline draws on what I thought was the only notable quotable from the majority's...
"One Year: Where Are the Judges?"
Posted on January 20, 2010The title of this post is the headline of this little piece by Jeffrey Toobin that's part of a New Yorker review of President Obama's first year. Here are snippets: It?s an understatement to say that President Obama has had...
The latest news on Roman Polanski sentencing debate
Posted on January 20, 2010This new CNN article, which is headlined "Lawyers: Polanski doesn't need to be here for sentencing," provides some of the latest news of the latest drama in the long-running saga of Roman Polaski's sentencing. Here are a few highlights: Attorneys...
Accounting for the skewed punishment accountability in state crime codes
Posted on January 19, 2010A helpful reader alerted me to this interesting column from the Philadelphia Inquirer, which is headlined ""Pa. punishments often go beyond the crime." The piece reports on important work being done by Professor Paul Robinson and his students concerning the...
A sad sentencing in memoriam: Professor Daniel J. Freed
Posted on January 19, 2010I am so sad to have to report the passing of a true giant in the field of sentencing law and policy, Professor Dan Freed. This Yale Law School notice provides the details and some fitting accounts of some aspects...
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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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