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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 article asserting Commerce Clause problems with federal Sex Offender Registration and Notification Act
Posted on November 25, 2008Professor Corey Rayburn Yung has this important new article posted on SSRN, titled "The Sex Offender Registration and Notification Act and the Commerce Clause." Here is its abstract: In 2006, the Sex Offender Registration and Notification Act ("SORNA") created a...
Ohio poised to continue to be a national leader in executions
Posted on November 25, 2008One notable aspect of the modern death penalty is the concentration of executions in Texas and other southern states (as detailed in this DPIC chart). However, Ohio has been a recent outlier, with 20 execution over the last five years....
Sixth Circuit isn't cruel to variance based on co-defendant disparity
Posted on November 25, 2008The Sixth Circuit affirmed a district court's below-guideline sentence in notable opinion Monday in US v. Presley, No. 07-1147 (6th Cir. Nov. 24, 2008) (available here). After reading this opinion, prosecutors may check into heartbreak hotel, while defendants concerned about...
Prez Bush issues (first?) set of lame-duck pardons and commutations
Posted on November 24, 2008This afternoon President George Bush granted 14 pardons and two commutations. The list of recipients, with details of their crimes, can be found in this press release. Commentary on these clemency grants can be found at Pardon Power and TalkLeft.
Lots for sentencing fans in Harvard Law Review SCOTUS issue
Posted on November 24, 2008As all top-shelf law geeks know, online the November issue of the Harvard Law Review is always devoted to the Supreme Court's prior Term work. And that issue is now availabel online at this link. Sentencing fans will find lots...
Notable split decision from Eigth Circuit on harmless error sentencing review
Posted on November 24, 2008The Eight Circuit has an interesting and thoughtful discussion of sentencing review today in its split decision in US v. Henson, No. 07-1993 (Nov. 24, 2008) (available here). This final paragraph of the dissent by Judge Shepard provides an effective....
Great state-focused coverage of federal Second Chance Act
Posted on November 24, 2008A helpful reader pointed me to this effective and timely coverage today of the Second Chance Act at Stateline.org. The piece is headlined "States want Second Chance Act funded," and here is how it begins: With correctional facilities around the...
What if no lower court judges participate in a "Second Amendment Revolution"
Posted on November 24, 2008Thanks to How Appealing, I saw this article in the latest issue of the Harvard Law Record headlined "Profs: District of Columbia v. Heller is a 'Second Amendment Revolution.'" Here is how the piece begins: Calling the Supreme Court's decision...
Interesting reflections on Obama appointees from drug policy reformers
Posted on November 23, 2008The Drug War Chronicle has this interesting new feature piece titled "Obama's Appointees Raise Questions in the Drug Reform Community." Here are snippets from the start and end of the piece: Like other interest groups, the drug reform movement has...
"From my cell, I scent the reeking soul of US justice"
Posted on November 23, 2008The title of this post is the title of this piece appearing in London's Sunday Times authored by Lord Conrad Black. Here are excerpts from today's must-read: I write to you from a US federal prison. It is far from...
Effective editorial noting bills coming due for Califorinia's toughness
Posted on November 23, 2008This morning's Sacremento Bee has this effective editorial headlined "Time to pay for getting tough on crime." Here are some excerpts: There's an old kids' joke, "How do you know if there's an elephant under your bed?" Answer: "Your nose...
The Sentencing Project's thoughtful call for racial justice
Posted on November 22, 2008On Friday, I received from The Sentencing Project the following e-mail announcing an important new report addressing racial justice: We're pleased to call your attention to a newly released report, Compact for Racial Justice: An Agenda for Fairness and Unity...
Around the blogosphere
Posted on November 22, 2008Lots of new goodies at for sentencing fans at: Capital Defense Weekly Crime and Consequences Pardon Power Sex Crimes
ACLU makes argument for right to counsel at crack retroactivity proceeding
Posted on November 22, 2008Yesterday, I received a press release from the ACLU noting the filing of a notable brief in the Fifth Circuit. Here are the basics: The American Civil Liberties Union today filed its opening brief before the U.S. Fifth Circuit Court...
The revised make-up of the US Sentencing Commission
Posted on November 21, 2008A helpful reader helped me discover that the US Senate yesterday confirmed two important Presidential nominees to the US Sentencing Commission. Specifically, it appears that by voice vote the Senate has now (1) confirmed Judge Ricardo Hinojosa to continue serving...
Notable Sixth Circuit discussion of reasonableness review in child porn case
Posted on November 21, 2008The Sixth Circuit provides an interesting read this morning in US v. Blackie, No. 07-2002 (6th Cir. Nov. 21, 2008) (available here). The opinion starts by providing a review of all the issues it reviews: Kerry Blackie pled guilty to...
Deep thoughts on the structure of appellate review
Posted on November 21, 2008Anyone following the post-Booker jurisprudence surrounding reasonableness review cannot help but ponder the nature and value of appellate review of sentencing decisions. For anyone really eager to go deep into the topic of appellate review, the latest issue of the...
Members of Congress push for commutation of Border Agent sentences
Posted on November 21, 2008This AP article details the latest effort to encourage President Bush to use his clemency power to do some sentencing justice for two notable federal defendants. Here are the specifics: A handful of lawmakers want President George W. Bush to...
A not-so-clever way to seek a sentencing postponement
Posted on November 20, 2008This local story from Florida provides an interesting companion to the recent story from Australia on the broader topic of dumb sentencing strategies. Here are the basics: A Vero Beach man accused of making two bogus bomb threats earlier this...
Notable new California appellate ruling about sex offender registration and trial rights
Posted on November 20, 2008I just get an e-mail from a friendly readers forwarding me a new California Court of Appeal case which "finds that the residency restrictions in California's sex offender registration law are "punishment" for Apprendi purposes." This notable new ruling comes...
An amusing tale of failed sentencing fakery from Down Under
Posted on November 20, 2008Here is a local report from Australia, headlined "Fake engineer produces fake references to get a lighter sentence," about an amusing sentencing proceeding: Timothy McCormack produced four excellent character references to persuade a judge to give him a lighter sentence...
Through the federal clemency looking glass with Holder
Posted on November 20, 2008Though I am still ruminating over the selection of Eric Holder for the next Attorney General (as evidenced here and here and here), the latest political buzz over the nomination has me depressed about what I see as the likely...
"Real offender in this sex case is Georgia law"
Posted on November 20, 2008The title of this post is the title of this potent new editorial from the Altanta Journal-Constitution. Here is how it starts: In its relentless efforts to expel Wendy Whitaker from her Columbia County home, the state of Georgia has...
The legal backstory of Heller
Posted on November 20, 2008Over at Reason online, one can now find this lengthy article telling the backstory of the case that resulting the the Heller ruling. The article is titled "How the Second Amendment Was Restored: The inside story of how a gang...
"Ethics dilemma for lawyers when inmates seek death"
Posted on November 20, 2008The title of this post is the title of this interesting piece from the AP, which discusses at length one of the hardest lawyering issues that surround representation of death-eligible offenders. Here are snippets: About 12 percent of the 1,133...
Three late afternoon thoughts on the Holder pick: race, tough and tech
Posted on November 19, 2008I have so many old and new thoughts about the importance of the next Attorney General and about President-Elect Obama's apparent selection of Eric Holder for that spot. At the end of a long day, I want to focus on...
More thoughtful thoughts on emotions and the death penalty
Posted on November 19, 2008Professor Susan Bandes has this new piece up at SSRN, titled "Repellent Crimes and Rational Deliberation: Emotion and the Death Penalty." As regular readers know, this is a topic that I find very interesting, and I also find Susan's insights...
Debate over doctors and death protocols in NC
Posted on November 19, 2008As reported in this local article, which is headlined "High court debates execution issue: N.C. justices chide doctors, legislators for not resolving lethal injection deadlock," the messy realities of state lethal injection protocols was the subject of appellate court conversation...
Any early federal sentencing thoughts on Eric Holder, the next U.S. Attorney General?
Posted on November 19, 2008The AP has this latest report on the buzz surrounding President-Elect Obama's choice for attorney general: "A source close to the process of selecting Barack Obama's attorney general says the president-elect has 'informally' offered the post to Washington lawyer Eric...
Ohio executes while Texas has to postpone two scheduled executions
Posted on November 19, 2008Providing another tangible example of the unpredictability of modern application of the death penalty, Ohio and Texas had surprisingly different executions experiences over the last 24 hours. As detailed in new reports here and here, two different defendants in Texas...
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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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