Topic
Sentencing
11,940 published works
Death Penalty
McKinney v. Arizona: What Law Controls Review of Denying Mitigating Evidence in Death Penalty Sentencing Phase?
By Reba Kennedy
Should current law apply when an appeals court reviews the evidence of mitigating factors and aggravating conditions in a death penalty case? What about if the case was tried years…
Sentencing Law and Policy
Summer reading (with a Fall cover date) from the American Journal of Criminal Law
Over the holiday week, I noticed that American Criminal Law Review already has published its Fall 2019 issue, and that this issue includes a number of articles that sentencing fans…
Food Safety News
20 years for licking ice cream, 0 years for 10 Listeria illnesses with 3 deaths
By Bill Marler
Opinion I gave the office the 5th off, but had the opportunity to talk with Fox 10 about the "Blue Bell Licker." According to the report: Police in East Texas…
Sentencing Law and Policy
Spotlighting challenges at intersection of trying kids as adults and sexual offenses
The decision to try a juvenile offender as an adult often serves as a kind of sentencing decision. That reality, plus the always wrought policy and politics surrounding sex offenses,…
The CLS Blue Sky Blog
Assessing Corporate Character as a Basis for Criminal Sentencing
By Matthew Caulfield, William S. Laufer
What is the purpose or motivation of corporate criminal punishment? What kinds of punishments ought we impose? While such questions may seem lofty, they are important nonetheless. Strict pragmatists who…
Sentencing Law and Policy
Expecting (good?) criminal justice reform questions in the coming Democratic debates
Long-time readers know I cannot resist gearing up for big Presidential debates by suggesting some criminal justice and sentencing questions I would like to hear asked and encouraging readers to…
Sixth Circuit Appellate Blog
En Banc Watch – New Decisions on Probable Cause and Sentencing Commission Authority
By Lauren Kuley
Good Faith and Probable Cause: In another en banc decision, Judge John Rogers and eleven others held in United States v. Christian,that probable cause existed for Grand Rapids law enforcement…
Sentencing Law and Policy
Good day for thinking hard about sentencing second looks and second chances
I am greatly enjoying day two of the great "Rewriting the Sentence" conference at Columbia Law School (previously noted here and here and here and being live streamed here). This afternoon, I have the…
Sentencing Law and Policy
Another notable new GVR by SCOTUS “to consider the First Step Act of 2018” over DOJ opposition
In this post two weeks ago, I flagged the interesting Supreme Court decision in Wheeler v. US to grant, vacate and remand the case to allow courts below "to consider…
Sentencing Law and Policy
Supreme Court unanimously affirms ACCA sentence based on prior burglary conviction in <em>Quarles</em>
The Supreme Court this morning somewhat clarified the operation of its convoluted Armed Career Criminal Act jurisprudence through a unanimous opinion in Quarles v. US, No. 17-778 (S. Ct. June…