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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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A must-read for all would-be sentencing reformers

Posted on February 19, 2008
Though the paper does not mention sentencing once, this new work soon to be published in the Cornell Law Review is a must-read for any and all would-be sentencing reformers. The piece is titled, "Blinking on the Bench: How Judges...


Shouldn't we have tougher recidivism sentencing laws for DWI?

Posted on February 19, 2008
This Ohio story about an upcoming DUI sentencing has my blood boiling again about the failure of states to adopt tough recidivism sentencing laws to respond to the very risky behavior of repeat drunk driving. Here are the basics: Three...


Questioning law school priorities in instruction and programming

Posted on February 19, 2008
As Dan Filler notes in this post at The Faculty Lounge, at the terrific U Penn Eighth Amendment symposium last week I complained about the over-emphasis on capital punishment instruction and related programming in law schools. Here is how Dan...


Sixth Circuit back in action with three sentencing rulings

Posted on February 19, 2008
Coming back strong after a long weekend, the Sixth Circuit today has handed down three opinions that all have significant sentencing discussions. A very quick read of these three opinions suggests that none breaks significant new ground, but all three...


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One federal district trying a single judge approach to crack retroactivity

Posted on February 19, 2008
This new article in the Kansas City Star, headlined "Sentence corrections possible in crack cocaine cases," reveals that one federal district has adopted an interesting (and legally questionable?) approach to crack retroactivity matters: Late last month, Chief U...


More on technocorrections for sex offenders

Posted on February 19, 2008
This new article in the St. Louis Post-Dispatch, headlined "Technology keeps eye on sex offenders," provides a useful overview of various technocorrection issues surrounding sex offender tracking: Nobody wants them. But everyone wants to know where they are...


Add North Carolina to the list of states strugging with prison population problems

Posted on February 19, 2008
This AP story highlights yet another state dealing with the economic and policy challenges of an ever-expanding prison population. Here are details: The rapid growth in North Carolina's prison population may force lawmakers to spend more tens of millions of...


Three brief queries about capital appellate briefing realities

Posted on February 18, 2008
Prior posts about the Penry case and death penalty costs have me again interesting in doing some arm-chair empiricism about the time, money and energy that gets devoted to litigating capital cases. To begin, I'd like to focus on guestimating...


Examining realities of crack sentencing reform

Posted on February 18, 2008
USSC Commissioner John Steer and attorney Mark Allenbaugh have this new Findlaw piece, titled "The State of Federal Cocaine Sentencing Policy: Will Congress Soon Finish What the U.S. Sentencing Commission Started?". Here is how it ends: [T]he Justice Department is...


Wondering about death and dollars in Ohio and Texas

Posted on February 18, 2008
Some commentators are questioning my (inflated?) guess that Texas may have spent a billion dollars seeking the death penalty for Johnny Paul Penry over the past three decades. Though I am not sure my economic guess is reasonable, I am...


More remembering of the Clinton pardon ugliness

Posted on February 17, 2008
Thanks to this post at Pardon Power, I see another commentary today recalling the pardon scandal that Bill Clinton created his last day as president. Though this op-ed, titled "Remembering and then forgetting the Clintons," covers a range of issues,....


After three decades (and a billion dollars wasted), Penry gets a life sentence

Posted on February 17, 2008
The AP here details remarkable final chapter to an infamous and telling Texas capital punishment story: The state will not seek the death penalty against convicted killer Johnny Paul Penry in an agreement that will require Penry to serve three...


Still more on lying, Clemens, Bonds and equal justice

Posted on February 16, 2008
This New York Times commentary, headlined "Justice Will Be Served Only if Clemens Isn?t Given a Pass," echoes points I have been making about the need for equal steroid justice. Here are excerpts: What we all know now is that...


Different rhetoric about individual gun rights

Posted on February 15, 2008
This AP reports that "Barack Obama said Friday that the country must do 'whatever it takes' to eradicate gun violence following a campus shooting in his home state, but he believes in an individual's right to bear arms": "I think...


Notable new resource for those working on crack resentencing

Posted on February 15, 2008
The Center for Community Alternatives (CCA), which seeks to "promote reintegrative justice and a reduced reliance on incarceration through advocacy, services and public policy development," now has on its website an interesting new resource for federal defense attorneys...


Weekend reading from SSRN

Posted on February 15, 2008
A bunch of new pieces on SSRN seem worthy of a weekend look. Here are the titles and links: Lady Madonna, Children at Your Feet: The Criminal Justice System's Romanticization of the Parent-Child Relationship by Jennifer M. Collins Experience and...


Off to Penn to talk about the Eighth Amendment

Posted on February 15, 2008
As highlighed in this official annoucnement, I am scheduled to speak this afternoon at the start of a very interesting symposium at University of Pennsylvania Law School. The symposium is titled "Cruel and Unusual Punishment: Litigating Under the Eighth Amendment,"...


Arizona Supeme Court extends jury trial rights to misdemeanors leading to sex offender registration

Posted on February 15, 2008
In a very interesting opinion that covers a lot of very interesting modern criminal justice issues, the Arizona Supreme Court yesterday in Fushek v. State, No. CV-07-0251-PR (Ariz. Feb. 15, 2008), unanimously held that the Arizona state constitution requires a...


When will the various Clinton clemency scandals become a campaign issue?

Posted on February 15, 2008
The suggestion of a posible presidential pardon for Roger Clemens (basics here) has yet again caused justice, politics and clemency power to come into focus in a high-profile setting. However, this long opinion piece from yesterday's Wall Street Journal, titled...


Sentencing, a love story

Posted on February 15, 2008
Who says sentencings cannot be romantic? As highlighted by this local story, headlined "First the Wedding, Then Years in Prison," at least one lucky couple was able to arrange for both a sentencing and a wedding to fall on Valentine's...


Merits brief of defendant in Kennedy, the SCOTUS capital child rape case

Posted on February 14, 2008
As noted in posts in this Kennedy case archive, the Supreme Court later this term will hear Kennedy v. Louisiana, a case allowing it to review the constitutionality of state laws that make the death penalty a punishment for the...


More on Roger Clemens, Barry Bonds, perjury prosecutions and race concerns

Posted on February 14, 2008
This new Bloomberg news piece, which quotes many former federal prosecutors, has me thinking again about racial disparities if Roger Clemens is not very soon subject to the same kind of criminal charges that are now facing Barry Bonds. Here...


Gearing up for today's Senate crack hearing

Posted on February 12, 2008
All the usual suspects have useful information on their website in anticipation of today's afternoon Senate hearing on "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The Sentencing Project has this new webpage with links, and FAMM has this...


Idaho joins states struggling with prison overcrowding

Posted on February 12, 2008
As TalkLeft spotlights here, the Idaho legislature is looking to ease the application of its mandatory minimum drug sentencing laws. Here are excerpts from this AP report: A bill that would give Idaho judges greater discretion to keep drug addicts...


No rest for the sentencing weary in the Sixth Circuit

Posted on February 11, 2008
Though I just finished consuming the amazing Sixth Circuit opinions in the Vonner en banc ruling late last week, this morning brings another must-read for the Sixth Circuit sentencing aficionado. The ruling comes in US v. Thompson, No. 06-6233 (6th...


Crack debate becoming really whack really quickly

Posted on February 11, 2008
When the US Sentencing Commission decided in December to make its new crack guidelines retroactive effective March 3, 2008, I knew that the script was already in place for sentencing March Madness. But with AG Michael Mukasey's recent congressional testimony...


What sentence will (and should) Bill Lerach get?

Posted on February 11, 2008
As detailed in this Reuters story, class-action attorney Bill Lerach has lots of notable supporters as he faces sentencing on Monday: Famed San Diego class-action attorney William Lerach has asked a federal judge to sentence him to a year in...


Guantánamo detainee cases now about sentencing issues

Posted on February 11, 2008
As I have often said on this blog, all big public policy matters eventually become sentencing issues in some way. This New York Times article, headlined "U.S. Said to Seek Execution for 6 in Sept. 11 Case," highlights why GITMO...


Where the bugged water cooler must reside

Posted on February 11, 2008
A couple of years ago, at a law blogger conference at Harvard Law School where folks debated the scholarly potential of blogs, Kate Litvak derisively described law professors blogs as a "bugged water cooler." As suggested by my paper for...


The amazing federal sentencing story of Sergeant Lett

Posted on February 11, 2008
Regular readers may recall some prior posts about the sentencing of Sergeant Patrick Lett (many of which are linked below). I am proud that Sergeant Lett is now my client and that, along with my colleague Douglas Cole of Jones...


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