Topic
Sentencing
11,938 published works
SCOV Law
Moving the Goalposts
A mixed "football" metaphor State v. Burnett, 2020 VT 28By Elizabeth KruskaThe phrase “moving the goalposts” is a metaphor, and it feels apt here. It refers to situations where a…
Simple Justice
The Prisoners’ Dilemma
Long before the pandemic, when the word “corona” was mostly associated with a beverage with a lime, I made the point that sentences had grown outrageously long, beyond any rational…
Sentencing Law and Policy
US Sentencing Commission published its <em>2019 Annual Report</em> and <em>Sourcebook of Federal Sentencing Statistics</em>
I have been a bit disappointed, but not at all surprised, that the US Sentencing Commission has not yet put out any data or statement about the coronavirus outbreak that…
Sentencing Law and Policy
“Valid or Voodoo: A Qualitative Study of Attorney Attitudes Towards Risk Assessment in Sentencing and Plea Bargaining”
The title of this post is the title of this notable new paper with multiple authors now available via SSRN. Here is its abstract: Prior research largely has explored judicial…
Sentencing Law and Policy
Harvey Weinstein requesting (mandatory minimum) five-year prison sentence
As reported in this CNN piece, headlined "Harvey Weinstein's attorneys ask for him to receive the shortest possible prison sentence," defense attorneys have now filed their sentencing arguments a notable…
Sentencing Law and Policy
SCOTUS grants cert on a Mississippi case on the application of <em>Miller</em> to replace dismissed <em>Malvo</em> case
In this new order list, the Supreme Court this morning granted certain in one case, Jones v. Mississippi, No. 18-1259. Here is the straight-forward question presented in Jones' cert petition:…
FCPA Professor
Judge Significantly Rejects DOJ Sentencing Recommendation – Sentences Hoskins To Approximately One Year For Money Laundering Offenses, DOJ Press Release Omits Material Information
By Mike Koehler
As highlighted in this previous post, on February 26th Judge Janet Bond Arterton (pictured – D. Conn) granted Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was…
Sentencing Law and Policy
Citing <em>Williams v. New York</em> repeatedly, NY prosecutors urge judge to consider Harvey Weinstein’s “lifetime of abuse” at sentencing
As reported in this USA Today piece, headlined "Harvey Weinstein prosecutors seek tough sentence for his 'lifetime of abuse'," state prosecutors delivered to the sentencing judge in the Weinstein case…
Sentencing Law and Policy
“Deal Jumpers”
The title of this post is the title of this notable new article authored by Michael Cicchini now available via SSRN. Here is its abstract: Fundamental fairness dictates that when…
Sentencing Law and Policy
Oregon discovering it might have <em>Apprendi</em> problems with its new first-degree murder sentencing provisions
A helpful reader alerted me to this interesting article from Oregon, headlined "New law throws true life sentence in doubt for MAX train killer Jeremy Christian, other murderers, experts say,"…