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Sentencing

11,938 published works

  1. Simple Justice

    Nova Scotia Appeals Court Holds Historic Racism A Sentencing Factor

    By Scott Greenfield

    In a unanimous decision, the Court of Appeals of Nova Scotia held that the Impact of Race and Culture Assessments (IRCAs) is properly applied in sentencing African Nova Scotian offenders.…

  2. Sentencing Law and Policy

    Nova Scotia Court says "historic factors and systemic racism" should be considered in sentencing an African Nova Scotian offender

    By Douglas Berman

    A helpful reader made sure I saw this interesting story about a notable new ruling in Canada headlined "Nova Scotia Court of Appeal rules to consider history of racism, marginalization…

  3. Food Safety News

    Last word on motions to vacate Parnells’ sentences comes into sight

    By Dan Flynn

    Almost two years after they submitted motions to vacate, set aside, or correct their sentences, Stewart and Michael Parnell are coming to the end of the process. The court activity…

  4. Criminal

    Part 3 of Prof Slobogin discussing <em>Just Algorithms</em>

    By Douglas Berman

    In this recent post, I explained that I asked Prof Christopher Slobogin to share in a set of guest posts some key ideas from his new book, Just Algorithms: Using Science to…

  5. Criminal

    New Minnesota law provides for prison alternatives for veterans involved in lower-level offenses

    By Douglas Berman

    In a number of prior posts (some linked below), I have spotlighted discussions and debates over whether and how past military service can and should be brought to bear at…

  6. Health Care and Life Sciences

    Is it problematic for sentencing judges to require the COVID vaccine as a probation condition?

    By Douglas Berman

    The question in the title of this post is prompted by this new New York Times article headlined "Get a Covid-19 Vaccine or Face Prison, Judges Order in Probation Cases."…

  7. On Point

    Defense win: Excessive term of initial confinement or extended supervision requires resentencing rather than commutation

    By Wisconsin State Public Defender

    State v. Christopher W. LeBlanc, 2020AP62-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs) If a sentencing court imposes an excessive term of initial confinement (IC) or…

  8. Sentencing Law and Policy

    Home confinement cohort at risk of being returned to federal prison garnering still more attention (but still little action)

    By Douglas Berman

    The news a few weeks ago that the Biden Justice Department is not disputing the legal opinion that federal prisoners released into home confinement would have to be returned to prison…

  9. Rick Horowitz Criminal Defense Blog

    Finding Humanity

    By Rick Horowitz

    Last month, I wrote the story of my client’s life, in what we call a “Mitigation Statement,” and helped the judge, and prosecutor, find humanity in her, and themselves. I…

  10. Sentencing Law and Policy

    Highlighting how the Biden Administration could and should start reforming federal BOP

    By Douglas Berman

    I have lamented in post after post that the Biden Administration has so far failed to seize the opportunity to advance federal sentencing reforms by making needed appointments to US Sentencing Commission,…