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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

Intriguing little Sixth Circuit ruling on clemency procedure

Posted on February 04, 2011
Ralph Baze, the Kentucky death row prisoner whose name is attached to the leading Supreme Court ruling on modern execution methods, helped make a little more sentencing law today. In Baze v. Parker, No. 10-5584 (6th Cir. Feb. 4, 2010)...

"Empirical Desert and the Moral Economy of Punishment"

Posted on February 04, 2011
The title of this post is the title of this new piece by Professor Zachary Calo available via SSRN. Here is the abstract: This paper considers Paul Robinson's theory of empirical desert as an argument for moving beyond the debate...

Ohio on path to turning to treatment over prison for non-violent drug offenders

Posted on February 03, 2011
As detailed in this local article, Ohio is yet another state with newly elected conservative leadership getting behind sentencing and prison reform programming. Here are the basics: A proposed overhaul of Ohio's criminal-justice system rolled out yesterday, supported by top...

A snow job suggestion for Illinois Governor Pat Quinn on the death penalty

Posted on February 03, 2011
Illinois Governor Pat Quinn has now had a death penalty repeal bill sitting on his desk for nearly a month now, and I found notable and amusing this new commentary via the Chicago Tribune. The piece is headlined "Death penalty...

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"The Economist?s Guide to Crime Busting"

Posted on February 03, 2011
The title of this post comes from the title of this article appearing in the Winter 2011 issue of The Wilson Quarterly. The issue has a series of article on mass incarceration with this lead-in: "Seven million Americans are in...

Charlie Manson (and lots of other California prisoners) getting access to cell phones

Posted on February 03, 2011
I am having a hard time avoiding giving some humorous spin to the news that mass murderer Charlie Manson and many others in California's prisons apparently have little problem getting access to cell phones. This lengthy Los Angeles Times article,...

Another litigation front, now involvign the FDA, in the battles over lethal injection drugs

Posted on February 03, 2011
As detailed in this USA Today piece, yesterday lawyers who represent "six death row prisoners sued the U.S. Food and Drug Administration ... in an attempt to block the importation of a key drug used by states to perform executions...

"Massachusetts killing shines light on state parole boards"

Posted on February 02, 2011
The title of this post is the headline of this lengthy and effective article from Stateline.org. Here are excerpts: The six members of the Massachusetts Parole Board who voted to release Dominic Cinelli from prison in 2008 knew at the...

US Sentencing Commission forecasts impact of making new crack guidelines retroactive

Posted on February 02, 2011
I just notice this important new document posted on the US Sentencing Commission's website, which is a USSC memorandum titled "Analysis of the Impact of Amendment to the Statutory Penalties for Crack Cocaine Offenses Made by the Fair Sentencing Act...

"Reducing Mass Incarceration: Lessons from the Deinstitutionalization of Mental Hospitals in the 1960s"

Posted on February 02, 2011
The title of this post is the title of this notable new piece available via SSRN from Professor Bernard Harcourt. Here is the abstract: In 1963, President Kennedy outlined a federal program designed to reduce by half the number of...

Iowa lawmakers get price-tag for serious sex offender monitoring

Posted on February 02, 2011
As detailed in this local article, headlined "Tracking Iowa sex offenders to cost millions," the price of expanded monitoring of sex offenders is starting to come into focus for legislators in at least one state. Here are the details: Iowa...

Is it gender bias or gender equity that make Oklahoma #1 in female prisoners?

Posted on February 02, 2011
The question in the title of this post is prompted by this recent story from Tulsa World, which is headlined "Oklahoma leads nation in female incarceration." Here are excerpts: It?s ironic that the state history of Oklahoma?s female prisoners begins....

Health care is a "budget buster" ... for inmates in Minnesota

Posted on February 02, 2011
As detailed in this local article, health care costs keep rising for the incarcerated. The piece is headlined "Inmate health care is a budget buster; Demands for medical and dental care are straining jails as never before, and sheriffs are...

"Total Retribution"

Posted on February 01, 2011
The title of this post, in addition to sounding like the title of a screenplay for former California Governor Arnold Schwarzenegger's return to action blockbuster movies, is the title of this great-looking new piece from Professor Meghan Ryan that is...

Study suggests we should focus on red-light cameras more than the death penalty

Posted on February 01, 2011
Though division on death penalty policy and practice is often deep and heated, advocates and opponent of capital punishment typically share a serious and genuine commitment to the unique value of human life (of murder victims and/or of those who...

State Commission reports that Illinois minorities get stiffer sentences for drug offenses

Posted on February 01, 2011
As detailed in this AP report, "minority populations in Illinois face stiffer and more frequent punishment for low-level drug offenses than whites, a government commission reported Monday." Here are the specifics: The Illinois Disproportionate Justice Impact Study Commission said 19...

Spending the day at John Jay...

Posted on January 31, 2011
in the Big Apple to participate in the 6th Annual H.F. Guggenheim Symposium sponsored by The Center on Media, Crime and Justice at the John Jay College of Criminal Justice. I suspect I will be off-line most of the day,...

Another capital classic: Washington prisoner serving LWOP suspected in guard murder

Posted on January 31, 2011
A sad story involving the murder of a prison guard from the state of Washington provides fodder for advocates of the death penalty now that the suspect has been revealed to be a prisoner already serving a life without parole...

"'Death is Different? No Longer: Graham v. Florida and the Future of Eighth Amendment Challenges to Noncapital Sentences"

Posted on January 30, 2011
The title of this post is the title of this new paper now available via SSRN authored by Alison Siegler and Barry Sullivan. Here is the abstract: In Graham v Florida, a Florida state prisoner asked the Supreme Court to...

Is it constitutional to criminalize having a Facebook page?

Posted on January 30, 2011
The question in the title of this post is prompted by this local story from North Carolina, which is headlined "Lawyers take on Net predator law." Here are excerpts: Registered sex offenders aren't allowed at schools, churches, shopping malls or...

Second Circuit balks at genetic sentencing view of federal child porn offender

Posted on January 29, 2011
Though I think the child porn restitution decision by the Eleventh Circuit in McDaniel (discussed here) was the biggest federal sentencing story yesterday, today's New York Times has this piece reporting on another notable appellate ruling in a child porn...

"Conservatives latch onto prison reform"

Posted on January 29, 2011
The title of this post is the headline of this terrific article in today's Los Angeles Times. Here are excerpts: Reduced sentences for drug crimes. More job training and rehabilitation programs for nonviolent offenders. Expanded alternatives to doing hard time...

AP finds most states running out of drugs for lethal injection executions

Posted on January 29, 2011
As detailed in this AP article, headlined "Most capital punishment states have run out of key injection drug, or will soon," some states may need to start looking for new ways to execute condemned murderers. Here are the basics: Most...

Is it inhumane for a "giant" criminal to be incarcerated in a small cell?

Posted on January 28, 2011
The question in the title of this post might seem like an abstract query for those like Adam Kolber and the many others currently engaging in a robust theoretical debate about the significant of subjective experience to punishment theory and...

Eleventh Circuit publishes (first?) circuit opinion affirming restitution in sentencing of child porn downloader

Posted on January 28, 2011
An Eleventh Circuit panel has an important ruling today in US v. McDaniel, No. 09-1503 (11th Cir. Jan. 28, 2011) (available here), concerning the federal law and practice of imposing restitution terms in sentences for downloaders of child porn. Here....

Lots of notable new headlines on lethal injection practice and politics

Posted on January 27, 2011
The morning's papers are brimming with interesting stories about lethal injection practices: From ABC News here, "Jared Loughner Researched Pain of Lethal Injection Before Alleged Attack: From the AP here, "Drug maker asks Ohio, Oklahoma not to use sedative for...

"Is the judicial system sexist when it comes to sex crimes?"

Posted on January 27, 2011
The provocative question in the title of this post is from the sub-headline of this local article from Florida, which carries the main headline "Do Female Sex Offenders Receive a Lighter Punishment Compared to Males?". Here is the story of...

Drug policy discussed by President Obama after YouTube questions

Posted on January 27, 2011
As detailed in this CBS News piece, which is headlined "Obama: Drugs Should be Treated as a Public Health Problem," President Obama today gave a serious answer to some serious questions about federal drug policies: Responding to a deluge of...

Re-lists has experts pondering possible SCOTUS reconsideration of Almendarez-Torres

Posted on January 27, 2011
Anyone who has missed deep discussions of the Sixth Amendment and Apprendi jurisprudence in recent sentencing discussions ? and you know who you are, fellow sentencing geeks ? will likely get real excited upon reading this terrific new post by...

Pennsylvania auditor urging state sentencing reform to reduce prison costs

Posted on January 27, 2011
A sure sign of the modern budget and sentencing times is this local story from Pennsylvania which reports on the state auditor urging criminal justice reforms. The piece is headlined "Wagner endorses GOP bill to lessen Pennsylvania prison costs," and...

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