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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.
Second Circuit affirms federal death sentence
Posted on June 27, 2008As detailed in this AP story, the Second Circuit today affirmed the federal death sentence of Donald Fell. the full opinion, which can be accessed here, runs far too long for me to consume on a later Friday afternoon. Folks...
Lawyer Scruggs gets smoked with five-year max prison term
Posted on June 27, 2008As detailed in this local report, "Dickie Scruggs received the maximum 5 years in prison in $250,000 in fines for a crime Judge Neal D. Biggers Jr. called 'reprehensible'." Here are more details: Scruggs faced a maximum sentence of five...
DC Circuit affirms (but questions fairness of) acquitted conduct enhancement
Posted on June 27, 2008The DC Circuit this morning in US v. Settles, No. 06-3090 (DC Cir. June 27, 2008) (available here), affirms a within-guideline sentence that included an acquitted conduct sentencing enhancement under the guidelines. Though rejecting Fifth and Sixth Amendment challenges, the...
Should and will sex offenders support new constitutional challenges to gun registration?
Posted on June 27, 2008In this post I suggested that, after Heller, DC and other localities might try to regulate guns through the kinds of registration requirements many states have to regulate sex offenders. However, as detailed in this website detailing a new Second...
Is Obama's reaction to SCOTUS rulings an example of new or old politics?
Posted on June 27, 2008I have not blogged the political impact of the Supreme Court's work in Kennedy and Heller, in part because I want to focus on theory and dotrine before turning to politics. Nevertheless, this effective Time article, headlined "Obama's Supreme Move...
Culture of life trumps democracy and state experimentation in Kennedy
Posted on June 26, 2008I have now read carefully both opinions in Kennedy, and can share a few jurisprudential observations and provide my summary take-away: 1. I was surprised (and somewhat disappointed) by how categorical and "traditional" the Court's Eighth Amendment work was in...
The best post-Heller test case for felon self-defense gun rights?
Posted on June 26, 2008Last month I highlighted in this post what would appear to be a very hard case in the wake of Heller's protection of an individual Second Amendment right in service to the natural right of self-defense. The case, US v....
A quote for all constitutional seasons
Posted on June 26, 2008Here is a notable quote from a prominent activist troubled by a recent Supreme Court ruling that overturns a piece of crime-fighting legislation: The [Court's recent] decision ... will most likely embolden criminal defendants, and ideological extremists, to file new...
Seeking a feminist perspective: is the Kennedy opinion sexist?
Posted on June 26, 2008I am disappointed that folks at Feminist Law Professors and other prominent bloggers concerned about mysogny have not yet provided a gendered perspective on the Supreme Court's Kennedy ruling. Rape is a gendered crime, and the Supreme Court's 1977 Coker...
Dealing with dangerousness: can, will, should DC regulate guns like states regulate sex offenders?
Posted on June 26, 2008As the Heller majority opinion recognizes, handguns can be used for lots of good purposes, but also may be dangerous and can cause great harm in a community. The same might be said for released sex offenders: they can do...
Certain post-Heller uncertainty: lots of lower court Second Amendment litigation
Posted on June 26, 2008As regular readers know, I have predicted lots of lower court litigation would follow Heller if the Supreme Court recognized an enforceable individual Second Amendment right. Of course, that is what Heller recognizes, and all the broad language highlighted in...
Will (and can) "outraged" politicians really do anything about Kennedy?
Posted on June 26, 2008As detailed in this AP article, headlined "Unbowed, politicians vow to execute child rapists," and this CBN News article, headlined "Politicians Outraged by Child Rape Ruling," many elected officials are not too pleased with the Supreme Court's work in Kennedy...
Justice Scalia sells out felon gun rights, but on what basis exactly?
Posted on June 26, 2008Here are sets of quotes from the majority opinion in Heller that I have a hard time adding up: We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans. (Slip...
Supreme Court declares Second Amendment protects individual right
Posted on June 26, 2008The much-anticipated Supreme Court ruling on the Second Amendment in Heller has been released, and it appears to be the expected 5-4 split decision with Justice Scalia writing the majority opinion for the Court. Here is the early report from...
The Sentencing Project reponds to prison-crime commentary
Posted on June 26, 2008This morning I received via e-mail this notable notice from The Sentencing Project: In a recent syndicated column ("More Prisons, Less Crime"), commentator George Will argues that the world record incarceration rate in the United States has produced safer streets...
Complaints about Georgia's efforts to keep sex offenders away from church
Posted on June 25, 2008This interesting article in the Altanta Journal-Constitution discusses a new litigation front in Georgia efforts to keep sex offenders from holy activities. Here are a few excerpts: A Georgia law banning sex offenders from volunteer work at churches should be...
Some first-cut reactions to Justice Kennedy's work in Kennedy
Posted on June 25, 2008I am finally getting a chance to read the Kennedy case in full and general reaction will be coming in future posts. But, as I work through the ruling, and I cannot help wondering aloud about some head-scratching passages in...
Latest USSC data on crack retroactivity
Posted on June 25, 2008I see that the US Sentencing Commission has available here updated data on the retroactive application of the crack amendment on its website. Here is how the data is described: A set of tables presenting preliminary data on cases in...
Strong SCOTUSblog coverage of Kennedy and Exxon
Posted on June 25, 2008As regular readers know, I think many folks get overpunished in American society, but I have never had corporations and child rapists high on my list of those needing extra protection from the Justices. Nevertheless, as Kevin Russell effectively highlights...
Big SCOTUS day open thread
Posted on June 25, 2008The Supreme Court will issue some of its final opinions this morning. Of course, SCOTUSblog is the best place to follow all the action. Also, How Appealing and The Volokh Conspiracy will surely have coverage and early commentary, too. The...
Examining the "school to prison pipeline"
Posted on June 25, 2008A helpful reader sent me this link to an online journal of the Child Welfare League called The Link. Of interest for sentencing fans is an article starting on page six titled, "The School to Prison Pipeline and Criminalizing Youth:...
Indiana post-conviction computer restriction on sex offender struck down
Posted on June 25, 2008This local article, headlined "Sex offender law goes too far, court rules: Revision would have subjected computers to searches at any time," reports on a federal district court ruling finding constitutional problems with a new Indiana law. Here are the...
More on crying a river in capital cases
Posted on June 24, 2008There are so many interesting versions of "Cry Me a River" to be found on YouTube (from Joe Cocker to a young Babs), but Time magazine has a different variation in this story about Ohio prosecutors crying a river over...
Is Blakely showing its age as it turns four?
Posted on June 24, 2008Today marks the four-year anniversary of the Supreme Court's profoundly important constitutional ruling in Blakely v. Washington. Its jurisprudential godfather, Apprendi v. New Jersey, will turn eight on Thursday. Both merit re-reading as a fitting celebration of their birth and...
Tennessee Supreme Court turns back Blakely challenges to consecutive sentencing
Posted on June 24, 2008The Tennessee Supreme Court today in State v. Allen (Tenn. June 24, 2008) (available here), turns back two defendants' argument that Apprendi and Blakely limit judicial fact-finding to support the imposition of consecutive sentences. Here is a key paragraph at...
UK judges not too keen on guideline sentencing
Posted on June 24, 2008This interesting article from The Guardian, headlined "Judges fight plans for US-style sentencing," spotlights that judges across the pond are not interested in a guideline-sentencing system. Here are snippets from the article: Plans for a US-style sentencing "grid" to try...
Extended discussion of sentencing review by Second Circuit
Posted on June 24, 2008The Second Circuit discusses Rita, Gall, and Kimbrough at great length in a new opinion today in US v. Jones, No. 05-5879 (2d Cir. June 24, 2008) (available here). There is a lot to chew on here that should be...
"Appellate Discretion and Sentencing after Booker"
Posted on June 24, 2008The title of this post is the title of this article by Lindsey Harrison now appearing on SSRN. Here is the abstract: When the Supreme Court in United States v. Booker rendered the United States Sentencing Guidelines advisory, most analysts...
Lethal litigation to continue with dueling doctors in the first state
Posted on June 24, 2008As detailed in this local article, the post-Baze litigation excitement in Delaware is taking place in local federal court. Here is the latest news from an article headlined "Doctors to testify on lethal injections: Each side in death-penalty suit to....
"Three-crimes-a-day thief calls for tougher sentencing"
Posted on June 24, 2008The headline of this post is the headline of this article from Canada's Globe and Mail. Here's part of the story: For about four years, police have been routinely interviewing incarcerated chronic offenders in an attempt to figure out what...
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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
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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