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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.
All systems go (for now) as Ohio prepares for first one-drug lethal injection
Posted on December 07, 2009As detailed in this new ABC News story, Ohio is geared up "to execute a convicted killer on Tuesday using an untested method of lethal injection that no other state has ever employed." Here is more: The planned execution of...
"Why I commuted Maurice Clemmons's sentence"
Posted on December 07, 2009The title of this post is the headline of this new commentary authored by former Arkansas Governor Mike Huckabee and published in the Washington Post. Here are a few notable snippets: Nine years ago, the name Maurice Clemmons crossed my...
Supreme Court grants cert on applicability of Booker in sentencing modifications!
Posted on December 07, 2009I am surprised and pleased to report that the Supreme Court today announced that it will be reviewing another important federal sentencing issue this term: whether and how Booker impacts a court's sentencing authority in sentence modification proceedings...
Might modern white-collar sentencing realities impact debates over honest services fraud?
Posted on December 07, 2009How Appealing links here to lots of major media coverage previewing SCOTUS oral arguments in the three big "honest services" fraud cases to be considered by the Supreme Court this term. Though sentencing issues do not seem to be formally...
Could commentor Supremecy Clause really be . . . Ralph Nader?
Posted on December 06, 2009I am pretty sure the answer to the question in the title of this post is "no," though this new piece in The Connecticut Law Tribune perhaps suggests that a (too) frequent commentor on this blog and famed activist Ralph...
Interesting report on review of capital costs in New Hampshire
Posted on December 06, 2009This article from the Nashua Telegraph, which is headlined "Death penalty costs N.H. millions: Commission examines capital punishment," discussing an on-going capital study in the Granite State. Here are snippets: The taxpayer cost to prosecute, defend and sentence William "Stix"...
Effective local reporting on realities and debates surrounding federal sentencing guidelines for child porn
Posted on December 06, 2009The Buffalo News has two effective new articles about the dynamics that surround the application of the federal sentencing guidelines for child porn offenses. The start of this first article, which is headlined "Child porn suspect faces risk with trial:...
"Ohio inmate to get 1-drug, slower, execution"
Posted on December 06, 2009The title of this post is the headline of this new AP report noting that Ohio is getting pretty close to trying out its new lethal injection protocol. Here are some excerpts: Condemned killer Kenneth Biros could become the first...
Sixth Circuit judges issue dueling opinions over Ohio defendant's lethal injection challenge
Posted on December 04, 2009This afternoon, the Sixth Circuit officially denied en banc review of a panel's ruling that Kenneth Biros challenge to Ohio's old three-drug lethal injection execution protocol is moot. That order is available here, and it is worth downloading because of...
Interesting take on SCOTUS Porter and Van Hook rulings and "selective empathy"
Posted on December 04, 2009The New York Times' "Opinionator" blog today has this fascinating piece by Linda Greenhouse titled "Selective Empathy." Here is how it starts and ends: In overturning a death sentence this week of a Korean War veteran whose lawyer failed to...
Distinct headlines report on 50th execution in United States in 2009
Posted on December 04, 2009Texas completed late yesterday the 50th execution in the US in 2009, and this morning's news headlines reveal the different ways in which local and international media describe this event: From the local AP here, "Texas executes killer of 11-year-old...
Repeat offender gets state sentence of 100 years for possessing child porn and pot
Posted on December 04, 2009While closely following the debates and disparities in federal sentences for downloading child porn, I keep thinking and wondering about whether and how these offenses are being prosecuted and sentenced in state court. Thus this local article, headlined "Slidell man...
American Amanda Knox sentenced to 26 year in Italian murder case
Posted on December 04, 2009I know next to nothing about Italian criminal procedure and sentencing, but I am intrigued to learn that the high-profile murder prosecution of American Amanda Knox concluded today with a conviction and the imposition of a stiff sentence. Here are...
"Pastor Offers Sex Offenders A 'Miracle': A New Start"
Posted on December 04, 2009The title of this post is the headline of this new NPR story about a pastor in Florida who ministers to a community of convicted sex offenders. Here is how the piece gets started: More than 20 states, including Florida,...
Biros seeking federal stay to prevent Ohio's use of new one-drug lethal injection protocol
Posted on December 03, 2009As detailed in this new AP report,which is headlined "Ohio dismemberment killer files new delay request," Kenneth Biros has now "asked a federal judge for an emergency order to stop next week's planned execution, arguing the state is rushing too...
Mike Huckabee continues to defend his clemency actions
Posted on December 03, 2009As detailed in this new CNN piece, Mike Huckabee continues to aggressively defend his clemency decision-making in the Clemmons case despite the aggressive attacks in the wake of Clemmons horrible crimes last week. Here is one notable quote from Huckabee...
Deputy AG David Ogden announces resignation
Posted on December 03, 2009Though I am not sure this is huge news or a huge surprise, criminal justice fans should take note of the fact that, as reported here at The BLT, the "U.S. Justice Department announced this morning that its No. 2...
Poll finds that one-third of all youths may be involved in child porn . . . er, sexting
Posted on December 03, 2009This new Wired story, which is headlined "Survey: One-Third of Youths Engage in Sexting," provides the basis for my post title. Here are the details: If you think the sexting phenomenon is growing, you?re not imagining it. According to a...
Ninth Circuit clarifies limit on restitution award in illegal prostitution case
Posted on December 03, 2009An interesting little opinion today from the Ninth Circuit in US v. Kuo, No. 08-10314 (9th Cir. Dec. 3, 3009) (available here), documents a limit (and perhaps an unfortunate one) on a federal restitution sentence. Here is how the opinion...
"No Decrease In Death Penalty Approval Rate"
Posted on December 03, 2009The title of this post is the headline of this notable new NPR piece discussing the absence of significant change in the handling of the federal death penalty under the new Obama Administration. Here are excerpts: During the Bush administration,...
Spotlighting that the Clemmons case could make clemencies even rarer
Posted on December 03, 2009This new CNN piece, which is headlined "Seattle shootings may reduce pardons and commutations," discusses the likely impact of the the controversy over Mike Huckabee's clemency grant to cop killer Maurice Clemmons. Here are snippets: The ambush-style shootings of four...
New federal sentencing data from the US Sentencing Commission
Posted on December 02, 2009I am pleased to discover that the US Sentencing Commission has some fresh new sentencing data now up on its website. Here are links to the new data runs, with descriptions from the USSC's website: Fourth Quarter FY09 Quarterly Sentencing...
A few Justices discussing time on death row again
Posted on December 02, 2009As noted in this effective post at SCOTUSblog by Lyle Denniston, a few Justices took the time to discuss the time that Cecil Johnson spent on death row before he was executed early Wednesday in Tennessee. Here are the highlights...
Ninth Circuit rejects "en masse" plea process for illegal entry cases in Arizona
Posted on December 02, 2009A Ninth Circuit panel today handed down an interesting ruling that seem to have the potential to upset a whole lot of federal criminal convictions in at least one district. The ruling comes in US v. Roblero-Solis, No. 08-10396 (9th...
Latest news on Cameron Todd Willingham case and debate over his guilt
Posted on December 02, 2009This new AP story provides the latest news on the Texas case which may provide an example of an innocent person who was executed. Here is how it begins: David Martin is sickened by the suggestion that Texas executed an...
New report on juve LWOP in Massachusetts
Posted on September 30, 2009One of the many reasons I am always eager for the Supreme Court to take up more (non-capital) sentencing cases is because simply the decision to grant cert will often inspire public policy groups and the general public to notice...
A timely note on the constitutional questions surrounding the Adam Walsh Act
Posted on September 30, 2009I just came across this timely new Note on SSRN, titled "Federalism Challenges to the Adam Walsh Act," that is forthcoming in the Boston University Law Review. Here is the abstract: This Note addresses two provisions of the Adam Walsh...
ABA hosting second annual "Sentencing Advocacy, Practice & Reform Institute"
Posted on September 30, 2009I just received this notice of a great sentencing event taking place in DC in early November: The ABA Criminal Justice Section, in cooperation with our co-sponsors, is proud to present a one-day seminar to address a broad array of...
Is the "culture of death" slowly dying at the Supreme Court?
Posted on September 30, 2009As regular readers know, I have long complained about Supreme Court being caught up in what I called a ?culture of death?: a tendency of the Court to devote, in my view, far too much of its scarce judicial time...
A mooooooving story of sensible judging in Moooooorestown
Posted on September 30, 2009Thanks to blog posts here and here, I learned of a local story concerning a New Jersey sex offense case that calls out for comical commentary. This New York Daily News piece, headlined "Judge dismisses animal cruelty charges against police...
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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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