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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.
New York Times (irresponsibly?) contends "There Is No ?Humane? Execution"
Posted on December 14, 2009"There Is No ?Humane? Execution" is the headline of this new New York Times editorial, which highlights yet again that those inclined to complain most loudly about various methods of execution are really fundamentally troubled by the entire business of...
The push in Oregon for a racial-impact requirement in crime bills
Posted on December 13, 2009This local article, which is headlined "Racial-impact rule proposed for crime bill," discusses a push in Oregon for including a racial-impact analysis in every crime bill. Here is how the piece begins: A white lawmaker from Oregon has turned to...
"When California denies a murderer parole, should it need a reason?"
Posted on December 13, 2009The title of this post is the headline of this notable article in today's Los Angeles Times. Here are some highlights: [In California, there are] hundreds of so-called lifers whom state parole boards have deemed rehabilitated and ready to rejoin...
Can downloading of child porn be blamed on post-traumatic stress disorder?
Posted on December 12, 2009This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here...
Crime and punishment debated in race for Illinois governor
Posted on December 12, 2009This local article, which is headlined "IL governor hopefuls weigh in on crime, punishment," details that usual debates and common divides concerning crime and punishment are in play in Illinois as candidates jockey to take over the state's top spot....
Eight years in state prison for failure to register as a sex offender
Posted on December 12, 2009This local story from Ohio, headlined "Sex offender gets 8 years for not registering," reports on the longest prison terms I can recall seeing for merely failing to register as a sex offender. The story provides only these sketchy details:...
More interesting details on the Vrdolyak appeal in the Seventh Circuit
Posted on December 11, 2009I noted here yesterday the tough questions being asked by panel of the Seventh Circuit might concerning a lenient political corruption sentence. This new piece in The National Law Journal, which is headlined "Judge Posner Knocks Trial Judge's Judgment in...
"Judge suggests more sentencing options for war veterans"
Posted on December 11, 2009The title of this post is the headline of this new article in the Denver Post. Here is how it starts: John K. Brownfield Jr. returned from tours of duty in Iraq and Afghanistan abusing alcohol and suffering from mood...
Would elimination of elected judges be beneficial for criminal law and sentencing jurisprudence?
Posted on December 11, 2009The question in the title of this post is prompted by this new piece in The National Law Journal, which is headlined "O'Connor Helps Launch New Initiative Against Judicial Elections." Here are excerpts from the piece: Since retiring from the...
"A gun case or Pandora's box?: Ruling could trigger the unhinging of American culture"
Posted on December 11, 2009The title of this post is the headline of this amusing commentary in The Washington Times, which makes for a good topic for conversation on a Friday. Here is how the commentary starts and ends: Many have heard about the...
New Jersey getting closer to repealing its school-zone mandatory minimums
Posted on December 11, 2009This local article, which is headlined "Repeal of mandatory minimums in drug cases clears N.J. Senate," provides the latest update on legislative efforts in New Jersey to repeal certain mandatory minimum sentencing provisions. Here are some of the details: The...
Death penalty debate taking center stage in (in)famous Casey Anthony case
Posted on December 11, 2009This new CNN story, which is headlined "Casey Anthony's lawyer argues against death penalty for client," reports on the notable sentencing issue taking center stage in a high-profile Florida murder case. Here are excerpts: A year after the remains of...
Another thoughtful and notable district court opinion on restitution in child porn sentencing
Posted on December 10, 2009A helpful reader sent me a copy of a new opinion from the Eastern District of Texas addressing a request for restitution in a child porn downloading case. The opinion in US v. Paroline, No. 6:08-CR-61 (E.D. Tex. Dec. 7,...
Interesting sign of the modern high-tech sentencing times
Posted on December 10, 2009I came across this interesting and telling press release, titled "Leading Strategic Litigation Communication Firm Now Producing Pre-Sentencing Video Biography," when scanning the news this morning. Here are snippets: Colton Creative, the national leader in strategic litigation communication, announces that...
New study suggesting Texas executions might lower homicide rates
Posted on December 10, 2009Thanks to this post at C&C, I saw this piece from USA Today reporting on this notable new study appearing in Criminology. Here is how the USA Today piece captures the research: Executions in Texas slightly lower homicide rates there,...
Seventh Circuit questions probation sentence for political fraud
Posted on December 10, 2009As detailed in this local report, which is headlined "Appeals judge rips Vrdolyak sentence: Posner says probation ?depreciates the significance of the crime?," it sounds like a panel of the Seventh Circuit might be on the verge for finding a...
"Senators Express Foolish Belief That All Problem Have Criminal Justice Solution"
Posted on December 10, 2009The title of this post is my alternative headline for this new article in The National Law Journal, which is actually headlined "Senators Express Impatience With Scope of Fraud Prosecutions." Here is how it begins: The federal government's highest-ranking officials...
"New execution method unlikely to gain traction in California"
Posted on December 09, 2009The title of this post is the headline of this notable (and disappointing) article in today's Los Angeles Times. Here is how it starts: An Ohio murderer put to death with the nation's first single-drug lethal injection died swiftly Tuesday,...
The latest (encouraging?) official data on incarceration nation
Posted on December 09, 2009As reported in this AP piece, the Bureau of Justice Statistics has released its official tally of incarceration numbers. Here is an effective summary of what the new data show: The U.S. prison population edged up slightly last year, though...
Can one make a unique constitutional argument against a second execution attempt?
Posted on December 09, 2009This AP article, which is headlined "Judge: Ohio inmate's execution appeal has limits," reports on the federal hearing conducted today concerning Romell Broom's claim that Ohio should not get a chance to try again to execute him after its failed...
A reentry perspective on the latest official prisoner data
Posted on December 09, 2009I received this morning a copy of this notable press release from the National Reentry Resource Center providing a reentry perspective on the latest official prison data. Here are excerpts: The new statistics reveal that the total prison population growth...
Huge en banc ruling from Ninth Circuit reversing death sentence for ineffective assistance
Posted on December 09, 2009I can only imaging what Kent Scheidegger at Crime & Consequences will think about today's en banc ruling from the Ninth Circuit in Pinholster v. Ayers, No. 03-99003 (9th Cir. Dec. 9, 2009) (available here). Here is how the majority...
Eight former NJ Attorneys General sign open letter supporting repeal of drug mandatories
Posted on December 08, 2009As detailed in this AP article (which now carries a skewed headline), eight former attorneys general in New Jersey "have put their names behind an effort to repeal mandatory minimum sentences in some nonviolent drug cases." Here is more: The...
SCOTUS seems prepared (and perhaps eager) to knock down "honest services" fraud
Posted on December 08, 2009This report from the Los Angeles Times on today's SCOTUS oral arguments concerning "honest services" fraud suggests that some white-collar prosecutions may soon have to look very different: The Supreme Court justices gave a highly skeptical hearing today to government...
Still awaiting word Reports on Ohio's success with one-drug lethal injection protocol
Posted on December 08, 2009Ohio was scheduled to go forward with its first execution using its new on-drug protocol this morning at 10am. But as this AP article notes, one final appeal pushed the scheduled execution time to 11am. But now the noon hour...
Interesting day on tap for SCOTUS
Posted on December 08, 2009SCOTUSblog effectively reports here on today's big doings at One First Street: One or more opinions are expected to be announced at 10 a.m. Today is also ?honest services fraud? day. The Court will hear oral argument in two cases...
Upstate New York struggling with 100-year-old "unrepentant pedophile"
Posted on December 08, 2009Here is a local story that would seem like a bawdy joke if it was not so serious. The piece from The Buffalo News is headlined "Oldest sex offender about to be freed here: 100-year-old pedophile unrepentant awaiting move to...
A few early questions following Ohio's successful one-drug lethal injection execution
Posted on December 08, 2009As noted here, the state of Ohio today succeeded in completing an execution using a single-drug lethal injection protocol. Time will tell if this event proves to be a big turning point or just a blip in the dynamic story...
Interesting Heller ruling from intermediate NC appeals court
Posted on December 08, 2009Though the Supreme Court's Heller ruling does not yet officially apply to the states, this legal reality has not prevented a North Carolina appeals court from handing down this interesting opinion rejecting a Heller-based Second Amendment challenge to a state...
What would a fully originalist approach to sentencing entail?
Posted on December 07, 2009The question in the title of this post is prompted by this interesting new piece available via SSRN by Will Tress titled "Unintended Collateral Consequences: Defining Felony in the Early American Republic." Here is the abstract: At common law a...
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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...
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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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