Topic
Sentencing
11,938 published works
Criminal
“Acquitted. Then Sentenced.”
The title of this post is the terrifically economical title of this new commentary authored by Shana O’Toole is the founder and president of the Due Process Institute. As regular readers…
Criminal
In latest sentencing filings, Derek Chauvin requests probation while prosecutors ask for him to get 30 years in prison
As detailed in this CBS News piece, the parties in the case of Minnesota v. Chauvin are making very different sentencing requests:Derek Chauvin asked a judge to sentence him to…
Criminal
“Mala Prohibita and Proportionality”
The title of this post is the title of this paper authored by Youngjae Lee recently posted to SSRN. Here is its abstract:What is the proportionate punishment for conduct that…
Morristown New Jersey Criminal Law Post
The Different Levels of Criminal Charges in New Jersey
If you have ever wondered how someone that steals a piece of fruit from the grocery store does not face ten years in prison or if someone convicted of homicide…
Philadelphia Criminal Defense Blog
PA Sentencing Guidelines | I got arrested. Am I going to jail?
The Pennsylvania Sentencing GuidelinesOne of the most common questions I get when meeting with a new client is, “What am I looking at if we lose? Am I going to…
Paul W. Mollica Federal Courts Blog
Sixth Circuit Sorts Out Waiver, Forfeiture, and Invited Error in Criminal Sentence Appeal
In United States v. Montgomery, No. 20-1201 (6th Cir. May 24, 2021), a Sixth Circuit panel tries to bring clarity to the distinction between forfeiture and waiver in an appeal…
Sentencing Law and Policy
Spotlighting how "death in prison" LWOP cases still get so much less attention than capital punishment
Way back in 2008, I lamented in an article, "A Capital Waste of Time? Examining the Supreme Court's 'Culture of Death'," that all the "Supreme Court attention and constitutional scrutiny…
Sentencing Law and Policy
Ninth Circuit panel interprets FIRST STEP amendment to statutory safety valve to greatly expand who can avoid federal mandatory-minimum sentences
A helpful reader made sure I did not miss a significant new Ninth Circuit panel ruling in US v. Lopez, No. 19-50305 (9th Cir. May 21, 2021) (available here). Here…
Criminal
Ninth Circuit panel interprets FIRST STEP amendment to statutory safety valve to greatly expand who can avoid federal mandatory-minimum sentences
A helpful reader made sure I did not miss a significant new Ninth Circuit panel ruling in US v. Lopez, No. 19-50305 (9th Cir. May 21, 2021) (available here). Here…
Criminal
“Population-Based Sentencing”
The title of this post is the title of this notable new article authored by Jessica Eaglin available via SSRN. Here is its abstract:The institutionalization of actuarial risk assessments at…