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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.
"The Subjective Experience of Punishment" now in print
Posted on January 10, 2009About a year ago I highlighted here Adam Kolber has SSRN draft titled "The Subjective Experience of Punishment." I am now pleased to report that this draft is now in print here at the Columbia Law Review. It appears that...
"Texas death row inmate pulls out eye, eats it"
Posted on January 10, 2009A helpful reader flattered me(?) by saying he thought of my blog as soon as he saw the headline that titles this post and this AP article. Here are a few more gruesome details: A Texas death row inmate with...
Fourth Circuit finds federal sex offender civil commitment law unconstitutional
Posted on January 09, 2009As reported here at How Appealing, "a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit [Thursday] declared unconstitutional ... a federal statute intended to allow the federal government to place in indefinite civil commitment 'sexually...
Ninth Circuit rejects variance based on fast-track disparity
Posted on January 09, 2009The Ninth Circuit has issued a significant ruling that rejects fast-track disparity as the basis for a variance in US v. Gonzalez-Zotelo, No. 08-50010 (9th Cir. Jan. 8, 2009) (available here). Here is how the opinion starts: The government appeals...
Notable long child porn sentence upheld by split Sixth Circuit
Posted on January 09, 2009The circuits have already issued a number of notable sentence decisions today, but the one that struck me as most blog-worthy is the Sixth Circuit's affirmance of a within-guideline child porn sentence in US v. Paull, No. 07-3482 (6th Cir....
"Corrections costs must reflect fiscal realities; State must make bold reforms to system"
Posted on January 09, 2009The title of this post is the title of this editorial from a local Michigan paper, although I imagine this title might be fitting for editorials in a large number of state papers. Here are a few snippets: With Michigan...
"Death penalty for white-collar criminals?"
Posted on January 08, 2009The title of this post is the title of this newspaper commentary, which is an (unsurprising?) response to the Madoff mess. Here are snippets: We rationalize capital punishment by claiming that the fear of death is an excellent deterrent and...
Notable Ohio Supreme Court ruling on constitutionality of "blended" juve sentences
Posted on January 08, 2009As detailed in this official press release, today the Ohio Supreme Court issued a notable discussion on the constitutionality of the state's use of "blended" sentences for juvenile offenders convicted of serious crimes. Here are the basics: The Supreme Court...
Does Cass Sunstein really think capital punishment may be morally required?
Posted on January 08, 2009The Washington Post reports here on another prominent law professor about to go from a faculty salary to a government salary: President-elect Barack Obama will name Cass R. Sunstein, a close friend and one of the nation's top constitutional lawyers,....
"Sask man whose daughters froze to death to face aboriginal sentencing circle"
Posted on January 07, 2009The title of this post is the title of this new article from The Canadian Press. Here are some of the intriguing specifics: A Saskatchewan father whose two young daughters froze to death when he took them out in a...
Any early predictions on Jeff Skilling's likely sentence the second time around?
Posted on January 07, 2009As noted here, the Fifth Circuit ordered former Enron CEO Jeff Skilling resentenced because District Judge Sim Lake made a guideline calculation error. But the Fifth Circuit said little else about Skilling's original sentence, which may ensure that the outcome...
Notable crack reduction opinion from the Second Circuit
Posted on January 07, 2009Virtually every day now we get a new opinion from the circuit courts about the legal rules surrounding federal sentence reductions pursuant to 18 U.S.C. § 3582(c)(2). The latest such decision is from the Second Circuit in US v. v....
Senator Specter refines the case against AG-nominee Holder
Posted on January 07, 2009As detailed in this New York Times article and this BLT post, Senator Arlen Specter has started to define the terms of the debate for next week's confirmation hearing for Attorney General Nominee Eric Holder. Here are the basics from...
Seeking guidance from a higher authority on Bible-influenced capital sentencing
Posted on January 07, 2009I have previously noted in prior posts how lower courts have split over the consequences of juror consideration of biblical passages during the penalty phase of a capital trial. Indeed, as noted here, nearly three years ago, Karl Keys of...
Might the US Sentencing Commission have any notable guideline amendments in the works?
Posted on January 06, 2009As detailed in this official announcement, "a public meeting of the [U.S. Sentencing] Commission is scheduled for Tuesday, January 13, 2009, at 11:30 a.m." And, on the official agenda is "Possible Votes to Publish Guideline Amendments and Issues for Comment...
Enron CEO Jeff Skilling's convictions affirmed, but resentencing ordered
Posted on January 06, 2009The AP has this early report on today's huge white-collar sentencing news: An appeals court has upheld former Enron Corp. CEO Jeff Skilling's convictions for his role in the energy giant's collapse but orders that he be resentenced. A three-judge...
Fourth Circuit rules guidelines limit reduction for crack retroactivity
Posted on January 06, 2009Ruling in accord with a recent Tenth Circuit ruling concerning Booker's inapplicability to crack retroactivity proceedings (blogged here), the Fourth Circuit yesterday US v. Dunphy, No. 08-6919 (4th Cir. Dec. 5, 2008) (available here), ruling that there is a limit...
"The New Second Amendment: A Bark Worse Than Its Right"
Posted on January 06, 2009I just noticed this notable new commentary, with the same title of this post, by UCLA Law Prof Adam Winkler noting the consistent pattern of lower court rulings after Heller. Here are snippets: As many legal scholars predicted, the Supreme...
Madoff mess raises interesting white-collar bail issues
Posted on January 06, 2009The money mess created by Bernard Madoff continues to raise interesting legal issues for white-collar crime fans. Specifically, as detailed in this new New York Law Journal piece, the standards for pre-trial bail are now being tested through the Madoff...
Will we get more commutations from President Bush in the weeks ahead?
Posted on January 05, 2009When it comes to executive clemency exercised by the President, pardon grants tend to generate the most headlines, whether it is President Ford's pardon for Nixon or President Clinton's pardon for Rich or President Bush's pardon (and take back efforts)...
Notable op-ed assails sentencing guidelines based on White acquitted conduct ruling
Posted on January 05, 2009I was pleased and intrigued to learn from a helpful reader about this potent new op-ed from a local Kentucky paper, headlined "No safety in numbers." Here are excerpts: The recent decision by the Sixth Circuit Court of Appeals upholding...
PA Gov. Rendell calling to end parole for repeat violent offenders
Posted on January 05, 2009This Philapelphia Inquirer piece, headlined "Rendell: Eliminate parole for repeat violent offenders," reports on the latest crime and punishment news from the Keystone State: After a year marked by horrific crimes committed by repeat violent offenders, Gov...
Any new thoughts about criminal justice as Prez-elect Obama fills out his Justice league?
Posted on January 05, 2009As noted in this recent post, President-elect Obama today officially tapped Harvard Law Dean Elena Kagan to be the next Solicitor General. In addition, as detailed in this official press release, the Obama team has also today named a number...
Circuits ring in 2009 with some sex and death
Posted on January 05, 2009The first two 2009 sentencing related opinions I noticed today were, perhaps fittingly, dealing with sex offender sentencing and the administration of capital punishment. I predict that these will be two of the hottest topics in sentencing law and policy...
HLS Dean Elena Kagan to be nominated for US Solicitor General
Posted on January 05, 2009Thanks to my status as an alum of the Harvard Law School, I just got big news via a "personal" e-mail from current HLS Dean Elena Kagan. Here is the first part of the text of the e-mail: I am...
What might 2009 have in store for . . . drug sentencing law and policy?
Posted on January 05, 2009Continuing the 2009 "what's in store" series, let's turn to drug sentencing law and policy. In this area, the social attitudes and legal approaches adopted by the new Obama Administration are likely to be critical. Even though the majority of...
How much can and will the "tenth justice" influence sentencing jurisprudence?
Posted on January 04, 2009I have not yet done a "what might be in store" post about sentencing jurisprudence because there are so many uncertain variables. For example, right now there is the pending Ice Sixth Amendment case awaiting a decision from the Supreme...
Effective op-ed about dealing with prison costs coming due
Posted on January 04, 2009Anthony Barkow, who is the executive director of NYU's terrific Center on the Administration of Criminal Law, has an important op-ed today in the Washington Post. This op-ed highlights the challenges that Virginia Governor Tim Kaine and so many other...
The high costs of an aging prison population
Posted on January 04, 2009The Richmond Times Dispatch has two strong articles in its Sunday edition about the challenges states face in dealing with an aging prison populations. It also has this remarkable slideshow, which is a must-watch Here are snippets from this main...
What might 2009 have in store for . . . sex offender law and policy?
Posted on January 03, 2009Continuing the 2009 "what's in store" series, let's turn to sex offender law and policy. To begin, it bears recalling how dynamic this area was throughout 2008. Last year began with the Supreme Court taking up the Kennedy child rape...
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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
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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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