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Sentencing

11,938 published works

  1. Sentencing Law and Policy

    So much worthy of comment … so let’s round up some commentary

    By Douglas Berman

    These are busy times in the criminal justice arena and elsewhere, and I never have enough time to keep up with, let alone blog about, all the notable news and…

  2. Sentencing Law and Policy

    Iowa court rejects LWOP inmate’s claim that his brief “death” before medical resuscitation completed his “life” sentence

    By Douglas Berman

    A number of readers kindly made sure I did not miss an amusing sentencing story out of Iowa effectively summarized by the headline of this local press report, "Court: Life…

  3. Sentencing Law and Policy

    “The Effect of Scaling Back Punishment on Racial Disparities in Criminal Case Outcomes”

    By Douglas Berman

    The title of this post is the title of this recent research paper authored by John MacDonald and Steven Raphael that I just came across.  Here is its abstract: Research…

  4. Sentencing Law and Policy

    “Acquitted Conduct Should Not Be Considered At Sentencing”

    By Douglas Berman

    The title of this post is the title of this notable recent Law360 commentary authored by Robert Ehrlich, the former governor of Maryland. I recommend the full piece, and here…

  5. Sentencing Law and Policy

    Reviewing the sentencing dynamics as more parents get (minimal) prison time in “Operation Varsity Blues” college admissions scandal

    By Douglas Berman

    This lengthy USA Today article provides a kind of mid-season review now that 19 parents out of 35 charged have pleaded guilty in "Operation Varsity Blues" college admissions scandal. The…

  6. Simple Justice

    Judge Baker’s 241 Regrets

    By Scott Greenfield

    The Supreme Court will consider whether to grant certiorari to Bobby Bostic. It’s a case that cries out for appeal as a flagrantly excessive punishment in desperate need of fixing.…

  7. Sentencing Law and Policy

    You be the judge: what sentence for driver convicted of reckless homicides for accidentally killing children boarding school bus?

    By Douglas Berman

    A helpful reader altered me to a heart-breaking story from Indiana which serves as an opportunity to considering what seems a fitting sentence for a crime with a horrible result…

  8. Illinois Post-Conviction Blog

    Summary dismissal of petition was proper where appellate counsel was not ineffective for failing to argue improper sentencing factors

    By Nate Nieman

    The appellant in People v. Todd, 2019 IL App (3d) 170153 appealed the trial court’s order summarily dismissing his pro se post-conviction petition on the grounds that the court erred because the petition…

  9. Gender and the Law Prof Blog

    New Books: Stanford Victim from the Brock Turner Case Tells Her Story

    By Tracy Thomas

    NPR, Chanel Miller Says "Know my Name" as She Reflects on her Assault by Brock TurnerHer name is Chanel Miller. For four years, she has been known publicly as Emily Doe,…

  10. Sentencing Law and Policy

    Without discussion of 3553(a) factors, Eleventh Circuit needs just one sentence to declare 120 years (LWOP) imprisonment for child porn offenses reasonable

    By Douglas Berman

    Earlier this month in this post, I flagged the Sixth Circuit panel ruling in US v. Boucher, No. 18-5683 (6th Cir. Sept. 9, 2019) (available here), which concluded that a…