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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.
"Punishing Lawyers in Corporate Frauds"
Posted on January 19, 2010The title of this post is the headline given to this new piece by Peter Henning over at the New York Times' DealBook page. Here are snippets from the effective piece about the sentencing lawyers involved in corporate frauds: Joseph...
Lots of notable little(?) mid-winter SCOTUS criminal justice action
Posted on January 19, 2010Though everyone continues to await big rulings from the Supreme Court on a variety of topics, the Justices today continued their recent trend of issuing a lot of notable little criminal justice rulings. Drawn from a couple of new posts...
Another reminder of race and criminal justice realities to honor MLK's legacy
Posted on January 18, 2010I have generally made a habit of honoring Dr. Martin Luther King's Day by encouraging everyone to reflect on the historic and modern intersection of racial issues and criminal justice realities. I will do so again today principally by providing...
Seventh and final USSC regional hearing this week in Phoenix
Posted on January 18, 2010As detailed in this brief public notice, the US Sentencing Commission has its seventh (and I believe final) regional public hearings on tap for this coming week. This regional public hearing is scheduled for January 20-21, 2010 in Phoenix, Arizona,...
"Anti-death penalty movement wooing conservatives"
Posted on January 18, 2010The title of this post is the headline of this notable article in today's Washington Post. Here are excerpts: The Roman Catholic church has long been an organized and vocal critic of the death penalty, but [a] new effort is...
Young kid killer of two (including dad) gets sentence of residential treatment
Posted on January 17, 2010This CNN report, which is headlined "Arizona boy who admitted killing father sentenced to treatment," details the sentencing outcome in a sad and sadly sensational double-killing that took place in Arizona a few years ago. Here are the basics: A...
You be the judge: what sentence would you give to Gilbert Arenas following his plea?
Posted on January 16, 2010The question in the title of this post is prompted by this Washington Post article which is headlined "Arenas awaits sentence on gun charge, fate in NBA." The piece provides the latest legal update on the state and possible fate...
US Army soldier facing questionable(?) child porn charges
Posted on January 16, 2010A helpful reader alerted me to this notable local story, which is headlined "Galesburg soldier being held overseas on child porn charges: Family says they e-mailed photos of niece and 24-year-old did nothing wrong." Here are the basic details: The...
The benefits of HOPE in Hawaii
Posted on January 16, 2010I received this e-mail from the folks at Pew yesterday, which provides a very positive report on a reentry program in our 50th state: Established in 2004, Hawaii?s Opportunity Probation with Enforcement (HOPE) program identifies probationers at high risk of...
Third Circuit requires two predicate offenses to impose two 924(c) mandatories
Posted on January 15, 2010The Third Circuit has a long discussion in US v. Diaz, No. No. 08-4088 (3d Cir. Jan. 14, 2010) (available here), of an interesting issue in the application of the mandatory minimum consecutive sentencing terms for two consecutive terms of...
"'Sexting' Case to Take Center Stage at 3rd Circuit"
Posted on January 15, 2010The title of this post is the headline of this article in The Legal Intelligencer available via law.com. Here are the details concerning a case that not only is the first federal circuit court encounter with "sexting," but also raises...
Noting the reduction in Florida death sentences
Posted on January 15, 2010The Orlando Sentinel has this new piece about modern capital punishment trends, which is headlined "Fewer Florida juries voting for death ? why is unclear: Trend toward fewer executions evident elsewhere in nation as wel." Here is how it starts:...
"The New Jim Crow: Mass Incarceration in the Age of Colorblindness"
Posted on January 14, 2010The title of this post is the title of this terrific new book by my colleague Michelle Alexander that is just out from The New Press. Here is a snippet from the text along with the the publisher's description of...
Split Missouri Supreme Court finds limits retrospective application of state sex offender restrictions
Posted on January 14, 2010As detailed in this Kansas City Star article, recently-enacted Missouri laws "regulating where sex offenders live and what they do on Halloween cannot apply to those convicted before the laws took effect, the Missouri Supreme Court ruled Tuesday." Hare are...
Offender circumstances cited for big downward variance to convicted Refco lawyer
Posted on January 14, 2010This ABC News report, which is headlined "Chicago Lawyer Sentenced to 7 Years in Prison," reports on the latest high-profile white-collar sentencing in which a below-guideline sentence was imposed. Here are the basics: A Chicago lawyer was sentenced to seven...
"Two-Tiered Justice: Race, Class, and Crime Policy"
Posted on January 14, 2010The title of this post is the title of this newly-published essay by Marc Mauer for The Sentencing Project. I learned of the essay from an e-mail that also contained this account of the work: "Two-Tiered Justice: Race, Class, and...
Former Qwest CEO reqwesting only a short prison stint
Posted on January 14, 2010As detailed in this Denver Post article, which is headlined "Nacchio attorneys argue for short prison term," a high-profile white-collar offender is asking for a low-level sentence. Here are the details: Attorneys for imprisoned former Qwest chief executive Joe Nacchio...
NBA star Arenas charged with felony gun possession and already talking about a plea
Posted on January 14, 2010As detailed in this new CNN story, "Washington Wizards point guard Gilbert Arenas has been charged with a felony gun violation after admitting he drew guns in the team locker room in a highly publicized December 21 incident." Here's more:...
"Woman sentenced to hold sign: 'I battered a police officer'"
Posted on January 13, 2010The title of this post is the headline of this article from the Orlando Sentinel, which was sent to me by a helpful reader. My first instinct is to always prefer these sorts of shaming sentences over terms of incarceration,...
Pushing back against proposed sentencing reforms in Michigan
Posted on January 13, 2010As detailed in this local article, which is headlined "Early prison releases in Michigan assailed: Prosecutors, victims say at least minimum sentences should be served," a campaign against proposed states sentencing reforms is mounting in Michigan. Here are some details:...
"Rising Road: A True Tale of Love, Race, and Religion in America"
Posted on January 13, 2010The title of this post is the title of this amazing new bookby my colleague Sharon Davies that is just out from Oxford University Press. Here is the publisher's description of the work, which highlights why those interested in criminal...
"Judges issue order to cut California prison population"
Posted on January 13, 2010The title of this post is the headline of this article from the Sacramento Bee. The piece provides the latest news about the latest chapter of the federal litigation over the prison population in California: The long-awaited final order to...
Fourth Circuit finds probationary sentence for tax evader procedurally and substantively unreasonable
Posted on January 13, 2010The Fourth Circuit has a thoughtful and interesting discussion of a host of post-Booker sentencing issues today in US v. Engle, No. 08-4497 (4th CIr. Jan. 13, 2010) (available here). Every hard-core federal sentencing fan will want to read the...
US Sentencing Commission proposing amendments and seeking comment on lots of huge issues
Posted on January 13, 2010As detailed in this new press release, which is titled "U.S. Sentencing Commission Seeks Comment on Alternatives to Incarceration, Specific Offender Characteristics Relevant to Sentencing, and Hate Crimes," the US Sentencing Commission is seeking public comment on a lot of...
Different perspective on the Justices' take on federal sex offender civil commitment
Posted on January 12, 2010The early reporting on today's SCOTUS oral argument in Comstock (basics here) provide quite distinct takes on what the Justices are thinking. Consider the lead of this Bloomberg report, which is headlined "Sex-Offender Commitment Law Gets Support at U...
"Lawyers Challenge Ohio on Executions"
Posted on January 12, 2010The title of this post is the headline of this article in the New York Times, which provides a useful reminder that litigation over lethal injection has not gone away in Ohio even though the state has transitioned to a...
Supreme Court reverses Sixth Circuit reversal of death sentence in Spisak
Posted on January 12, 2010The Supreme Court has released this morning an opinion Smith v. Spisak, No. 08-724 (Jan. 12, 2010) (available here), which reverses the Sixth Circuit reversal of a death sentence for a notorious murderer. Here is a snippet from Justice Breyer's...
SCOTUS hearing challenge to federal sex offender civil commitment statute today
Posted on January 12, 2010This morning, the Supreme Court will hear oral argument in US v. Comstock (08-1224), a case in which the Fourth Circuit had found constitutionally problematic the federal sex offender civil commitment statute. There are effective previews of the case worth...
"U.S. Courts Split on Internet Bans"
Posted on January 12, 2010The title of this post is the headline of this Wired article, which highlights the split between arecent Third Circuit ruling and other circuit rulings on internet bans for certain sex offenders. Here are excerpts from the piece: A federal...
Eighth Circuit reverses above-guideline sentence for embezzing police officer
Posted on January 12, 2010The Eighth Circuit has an interesting little sentencing ruling today in US v. Molnar, No. 09-1326 (8th Cir. Jan. 12, 2010) (available here). The simple fact that the Eighth Circuit reversed a sentence on a defendant's appeal is itself noteworthy,...
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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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