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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.
Trying the old "my cat downloaded the kiddie porn" defense
Posted on August 08, 2009A helpful reader alerted me to this amusing local news story, headlined "Treasure Coast man blames cat for downloaded child pornography," that allows me to do a little cat blogging along with the usual child porn coverage: Martin County Sheriff's...
"Free 40,000 California inmates? Not so fast."
Posted on August 08, 2009The title of this post is the headline of this new article in The Christian Science Monitor. Here are some excerpts from an effective piece: Is California about to open its prison gates, freeing more than 40,000 inmates? Earlier this...
President Obama nominates his first(?) non-judge to the circuit courts
Posted on August 07, 2009Thanks to this post at How Appealing, I see that President Obama has made two more nominations to the federal circuit courts. This official press release provides the basic details: President Obama today announced that he has nominated Jane Stranch...
"Judge urges Obama to cut coke dealer's sentence"
Posted on August 07, 2009The title of this post is the headline of this effective new piece by Josh Gerstein now up at Politico. Here is how it starts: A federal judge is calling attention to President Obama's uncertain stance on executive clemency by...
You be the judge: what sentence should mom get for drunken breastfeeding?
Posted on August 07, 2009Earlier this summer, I noted here the North Dakota story of a mother who pleaded guilty to child neglect after police found her ?extremely intoxicated? while breast-feeding her 6-week-old baby. As detailed in this new piece from the Grand Forks...
"Iran Executions Increase Since Election"
Posted on August 07, 2009The title of this post is the headline of this report from CBS News. Here are the details of how politics and punishment mix in Iran: An Iranian justice official has confirmed the execution of 24 convicted drug traffickers at...
Jefferson (advisory) jury calls for big forfeiture
Posted on August 07, 2009As detailed in this article, which is headlined "Jefferson faces financial hits at sentencing: Jury says he should forfeit shares, $470,653," former representative William Jefferson is already dealing with some tough sentencing realities in the wake of his bribery conviction...
Fourth Circuit rejects DC sniper's capital habeas appeal
Posted on August 07, 2009Proving that it need not take decades to move capital appeals through the court system, the Fourth Circuit this afternoon upheld the Virginia death sentence of John Allen Muhammad, the so-called DC sniper who randomly shot sixteen people and killed...
We now get to call her Justice Sotomayor
Posted on August 06, 2009This National Law Journal article provides the official SCOTUS transition news following this afternoon's vote by the US Senate: The Senate has confirmed Judge Sonia Sotomayor to the Supreme Court in a historic vote that will make her the nation's...
Jury sentencing system in Japan has lay citizens and judges working together
Posted on August 06, 2009I noted earlier this week that Japan was conducting its first criminal jury trial in decades and that its new jury system was to include sentencing responsibilities. This BBC News piece provides a fascinating report on the result of the...
Ninth Circuit affirms above-guideline child porn sentence over various objections
Posted on August 06, 2009The Ninth Circuit today affirms an above-guideline sentence today in US v. Vanderwerfhorst,, No. 07-30336 (9th Cir. Aug. 6, 2009) (available here). The substantive result here is not too surprising because the defendant, despite having a name with Fletch qualities,...
"Inmate Hides Gun In Fat Layers"
Posted on August 06, 2009The title of this post is the headline of this local news story from Texas. Here are the basics: A nearly 600-pound man was able to hide a weapon for more than a day while he was in custody, police...
NBA's crooked ref results in interesting restitution ruling from Second Circuit
Posted on August 06, 2009The Second Circuit today has an interesting ruling on restitution awards in US v. Battista, No. 08-3750 (2d Cir. Aug. 6, 2009) (available here). Here is how it starts: Defendant-Appellant James Battista appeals from a judgment of the United States...
NC Racial Justice Act going to governor's desk
Posted on August 06, 2009This local story, headlined "Racial Justice Act passes, now goes to Perdue," provides the latest news on a notable death penalty bill that may be on the verge of becoming law in North Carolina: The General Assembly has approved a...
Seventh Circuit goes into the woods and splits over career offender enhancement
Posted on August 06, 2009Despite the fact that the Supreme Court has issued a series of opinions recently concerning what prior offenses qualify for various criminal history enhancements under federal law, these issues remain a murky doctrinal mess. This reality is born out by...
Remarkable coda at end of First Circuit opinion affirming child porn sentence
Posted on August 06, 2009The First Circuit yesterday in US v. Stone, No. 08-1459 (1st Cir. Aug. 5, 2009) (available here), affirmed a long within-guideline sentence for a first offender in a child porn case. The opinion talks through a number of sentencing issues,...
Why Second Amendment supporters need to be helping out Plaxico Burress
Posted on August 05, 2009I just noticed this itemfrom a New York-based website carrying this title, "Gun control 101: Plaxico Burress going to prison should end 2nd amendment confusion." Here is a snippet: Burress going to jail should be the final proof to anyone...
"Citing Cuts, Public Defenders Refuse New Cases"
Posted on August 05, 2009The title of this post is the headline of this new article from San Francisco's legal newspaper, The Recorder. It provides yet another window into how tight budget times are impacting criminal justice systems and also how dysfunction the justice...
U Penn JCL symposium on Eighth Amendment litigation
Posted on August 05, 2009I just noticed that a terrific issue of the University of Pennsylvania Journal of Constitutional Law, which follows-up on its symposium on "Litigating Under the Eighth Amendment," is fully available on-line here. The pieces in the issue, all authored by...
"DOC May Have To Pay For Sex Offenders To Stay In Motels"
Posted on August 05, 2009The title of this post is the headline of this local story from Colorado that highlights the challenges facing sex offenders ? and facing those responsible for managing and monitoring sex offenders ? after release from prison. Here is how...
New NY Times editorial on felon disenfranchisement
Posted on August 05, 2009Responding in part to this recent split First Circuit ruling upholding Massachusetts decision to deny the vote to incarcerated prisonder, the New York Times today has this editorial headlined "A Loss for Voting Rights." Here are excerpts: Voting rights advocates...
California AG Jerry Brown assails federal panel ruling demanding prisoner release
Posted on August 05, 2009The Los Angeles Times has this new report on the reaction of California's tough-on-crime(?) attorney general to the ruling yesterday (discussed here) by a panel of federal judges that the California prison system must reduce its inmate population drastically within...
"Want to be a corporate criminal? Move to Canada"
Posted on August 05, 2009The title of this post is the headline of this sharp commentary from Canada's Globe and Mail paper in response to today's sentencing of two high-profile corporate fraudsters up north. Here are excerpts from the piece: Madam Justice Mary Lou...
Another former member of Congress now has to worry about the federal sentencing guidelines
Posted on August 05, 2009As detailed in this New York Times piece, another prominent politician who once only worried about what federal sentencing rules meant for others now has to worry a lot about what these rules might mean for him: Former Representative William...
The emerging jurisprudence over conditions of supervised release
Posted on August 04, 2009In addition to noting yesterday's Third Circuit child porn sentencing ruling (discussed here), this article in today's Legal Intelligencer spotlights the emerging jurisprudence over supervised release conditions. The piece is headlined "3rd Circuit Upholds 10-Year Internet Ban in Child Porn...
Speculating on the next Nacchio prosecution twist and turn
Posted on August 04, 2009As noted in this recent post, a unanimous Tenth Circuit panel late last week reversed the sentence imposed on former Qwest CEO Joe Nacchio following his conviction for insider trading. Though a lot more could (and surely will) be said...
A pair of timely reports on state correction costs
Posted on August 04, 2009I recently received this summary of two new reports on state correction costs via e-mail from the fine folks at the Pew Center on the States: With state budgets in dire straits and corrections expenditures consuming one in 15 state...
Federal judicial panel orders California to drastically cut prison population
Posted on August 04, 2009This New York Times piece provides the highlights of a major prison conditions ruling coming from California late today: A panel of federal judges ordered the California prison system on Tuesday to reduce its inmate population of 150,000 by 40,000...
"State Intentions and the Law of Punishment"
Posted on August 04, 2009The title of this post is the title of a newly posted piece on SSRN from Alice Ristoph. Here is the abstract: Forget dogs: do people distinguish between being stumbled over and being kicked? Assessments of intentions are considerably more...
Lots of interesting sex offender residency news and notes
Posted on August 04, 2009I happened to notice a lot of different and interesting local press stories about sex offender residency restrictions this afternoon. Here is a sample: From the Miami Herald here, "GOP's McCollum calls Florida sex offender limits too harsh" From Florida...
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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
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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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