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Criminal Law

Sentencing Law and Policy 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

Recent Entries: 4815

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Poetic sentencing justice

Posted on June 03, 2008
A long drive this afternoon allowed me the opportunity to hear this poetic sentencing story, which is exactly the kind of feature story one expects to hear on NPR. Here is the summary: In December, more than two dozen teenagers...


DC Circuit splits on reasonableness review

Posted on June 03, 2008
Though I'm on the road, the sentencing news never stops. Fortunately, How Appealing has this report on the interesting doings from the DC Circuit today: "In my judgment, the majority opinion illustrates the magnetic pull that the Guidelines still occasionally...


Hoping to acquit myself well in big Sixth Circuit argument on acquitted conduct

Posted on June 03, 2008
As previously detailed here, late last year the Sixth Circuit ordered en banc review in US v. White, a case involving the status of acquitted conduct guideline enhancements in the wake of Booker. Together with a terrific group of lawyers...


Mel Weiss gets 30-month prison sentence

Posted on June 02, 2008
As detailed in this Bloomberg news report,"Mel Weiss, co-founder of securities law firm Milberg LLP, was sentenced to 2 1/2 years in prison for illegally paying clients to file shareholder suits that prosecutors said earned $251 million in lawyer fees...


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Notable new research on prison-crime connection

Posted on June 02, 2008
A helpful readers pointed me to this new article, titled Specifying the Relationship Between Crime and Prisons," which appear in the June 2008 issue of the Journal of Quantitative Criminology. Here is the abstract: There is no scholarly consensus as....


Two defense wins on federal money laudering issues

Posted on June 02, 2008
Though not focused on sentencing issues, a notable set of rulings and voting patterns today emerged from the Supreme Court in two money laundering cases. Here is are the basics and links thanks to early posts at SCOTUSblog: [The Supreme...


Long feature on crack sentencing reform

Posted on June 02, 2008
The Washington Post magazine had this long cover story, headlined "Cracking Open," reviewing one man's notable experience with the ups and downs of federal crack sentencing terms. The article's subheading captures its themes: "Michael Short knows he was wrong to...


Significant Third Circuit ruling in federal child porn case

Posted on June 02, 2008
Through a long opinion in US v. Miller, No. 06-5187 (3d Cir. June 2, 2008) (available here), the Third Circuit reaches some significant conclusions in a federal child porn prosecution. Here is how the opinion starts: Pursuant to a jury...


A government waste attack on over-incarceration

Posted on June 01, 2008
I am pleased to see this local editorial emphasizing government waste when assailing excessive incarceration of non-violent drug offenders. Here are excerpts from the editorial: Stop government waste. That's what state taxpayers are clamoring for, right? Cut out the padded...


Sunday (not-so) funnies concerning the death penalty

Posted on June 01, 2008
I saw a number of interesting stories in the Sunday papers around the nation dealing with various death penalty issues. Here are headlines and links: From Alaska, "Death-penalty decision delays trial" From Mississippi, "Death penalty: 2008 'banner' year?" From Texas,...


Some sober reflections on emotions and the death penalty

Posted on June 01, 2008
Inspired in part by the Kennedy capital child rape case and other notable recent death penalty debate, Stephanos Bibas and I put together a new commentary (now available here at SSRN) titled "Engaging Capital Emotions." Here is the abstract: The...


Will Weiss pay a high sentencing price on Monday?

Posted on June 01, 2008
As detailed in recent items from Reuters and from the National Law Journal, famed plaintiffs lawyer Mel Weiss is scheduled to be sentenced Monday in Los Angeles. Here is a preview from the Reuters piece: Class-action legend Melvyn Weiss can...


The inevitability of GPS tracking and cost-saving technocorrections

Posted on May 31, 2008
I just came across this recent UK Reuters article headlined "GPS grows as a crime-fighting tool in US." These excerpts from the piece confirm my instincts that widespread use of GPS tracking and other cost-saving technocorrections are inevitable in the...


LDF report documents disparties in juve LWOP in Mississippi

Posted on May 31, 2008
This AP article reports on a new report on juve LWOP that came out this past week: Most juveniles sentenced to life without the possibility of parole in Mississippi are black, a disparity that underscores the need to reform sentencing...


Thoughtful sentencing opinion from the hearland to close out the week

Posted on May 30, 2008
I am pleased to call it a work week with the posting of an effective new opinion from Sentencing Hall of Famer Judge Joseph F. Bataillon in US v. Bennett, No. 8:07CR235 (D. Neb. May 30, 2008) (available for download...


Another batch of USSC sentencing data

Posted on May 30, 2008
The US Sentencing Commission, much to my joy, keeps on churning out data and getting it up efficiently on its official website. The latest batch, avaiable at this link, is described this way: FY2008 2nd Quarterly Sentencing Update: An extensive...


Scott Panetti deemed competent for execution

Posted on May 30, 2008
As reported here at DPIC linking to this local story, "U.S. District Court Judge Sam Sparks in Texas has ruled Scott Panetti mentally competent enough to be executed." Here are more details from the local story: Nearly one year after...


The true back-story of the Blakely-Booker jurisprudential mess?

Posted on May 30, 2008
Though it makes no mention of sentencing jurisprudence, this new piece up on SSRN develops a theory that may help explain how and why the Apprendi-Blakely-Booker line of cases has produced such a doctrinal mess. The piece by Ben Barton...


Recommended watching/recording (and soliciting reviews)

Posted on May 29, 2008
Though I likely will be watching the Lost finale tonight, here are two sentencing programs that I plan to record and watch in the days ahead: From IFC, "At the Death House Door" From National Geographic, "Prison Nation" If anyone...


Will NJ finally reform its drug sentencing laws?

Posted on May 29, 2008
If sound policymaking were a priority, the New Jersey legislature would have long ago responded to the the New Jersey Commission to Review Criminal Sentencing potent 2005 report urging reforms to the state's drug sentencing laws and particularly its laws...


Passage from McClellan's book on the Libby commutation

Posted on May 29, 2008
Thanks to this post at TalkLeft I saw this post from Christopher Bateman at Vanity Fair titled "McClellan Disappointed (and McCain Still Mum) About Libby Commutation." Here are highlights: Scott McClellan?s bombshell book... [includes] a forceful denunciation of President Bush?s...


Notable examination of doctors and the death penalty

Posted on May 29, 2008
I just came across this SSRN posting of an interesting-looking paper titled "Doctors, Discipline, and the Death Penalty: Professional Implications of Safe Harbor Statutes." Here is the abstract: State capital punishment statutes generally contemplate the involvement of medical providers, and...


A max sentence driven by a concern for (four-legged) victims

Posted on May 29, 2008
I always wonder if the various folks who debate victims' rights at sentencing change their views when the victims are animals rather than people. In any event, this local story, headlined "Animal abuse draws prison: Glen Burnie woman sentenced to...


New study urging drug sentencing alternatives in New Jersey to save $$$

Posted on May 28, 2008
As detailed in this new AP story, "New Jersey could save millions by reforming sentencing laws for nonviolent drug offenses, a new study finds." Here are more basic details from the AP report: The Drug Policy Alliance study determined alternatives...


OSU Dean becomes the new (interim) Ohio Attorney General

Posted on May 28, 2008
Of course, this breaking Ohio legal news is more central to my universe than to the broader sentencing world. Still, everyone involved in lawyering and legal education should find this development interesting: Nancy Hardin Rogers, dean of the Ohio State...


Federal clemency news and notes

Posted on May 28, 2008
Federal clemency is in the news a bit this week. For example, this New York Times article about the Supreme Court's refusal to hear former Illinois Gov. George Ryan's appeal of his federal conviction reports that "his lawyer said he...


Third post-Baze lethal injection conducted in Virginia

Posted on May 28, 2008
As detailed in this Reuters article, "Virginia put a convicted murderer to death by lethal injection on Tuesday in the third U.S. execution since the Supreme Court ended an unofficial moratorium on capital punishment last month." Here are a few...


"Hire an ex-con in Philly, get a tax break"

Posted on May 27, 2008
The title of this post in the headline given by CNN to this AP piece that talks at length about various reentry issues. Here are the basics: [T]he city of Philadelphia is making a concerted effort to encourage the hiring...


Fourth Circuit affirms (way) above-guideline sentence in identity fraud case

Posted on May 27, 2008
The Fourth Circuit today affirms a sentence in US v. Evans, No. 06-4789 (4th Cir. May 27, 2008) (available here) that is waaaaay above the applicable guideline range. Here is how the opinion starts: Charged with possessing and uttering a...


"Will death become the exception, not the rule?"

Posted on May 27, 2008
This effective piece from the Houston Chronicle, which reflects on a recent Texas jury decision to reject a death sentencing for a cop-killer, caries the same headline as this post. Here are excerpts: If there was one thing that was...


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