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Sentencing

11,938 published works

  1. Westendorf & Khalaf Criminal Defense Blog

    Sentencing Guidelines Part 2: The Secret Of The Ooze

    By Westendorf And Khalaf, PLLC

    As we’ve discussed many times on our blog and podcast, jury sentencing sucks many butts. Thus we’re excited that effective July 1,...

  2. Sentencing Law and Policy

    "Life 'With' or 'Without'?: An Empirical Study of Homicide Sentencing"

    By Douglas Berman

    The title of this post is the title of this notable new empirical paper authored by Michael O'Hear and Darren Wheelock now available via SSRN. Here is its abstract: The…

  3. Sentencing Law and Policy

    SCOTUS argument in <em>Terry</em> suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

    By Douglas Berman

    On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90…

  4. Criminal

    SCOTUS argument in <em>Terry</em> suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

    By Douglas Berman

    On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90…

  5. Sentencing Law and Policy

    <em>Terry v. US</em>, the final SCOTUS argument of Term, provides yet another reminder of the persistent trauma and drama created by the 100-1 crack ratio

    By Douglas Berman

    It was 35 years ago, amid intense media coverage of a "crack epidemic" and the overdose death of basketball star Len Bias, when Congress passed the Anti-Drug Abuse Act of…

  6. Criminal

    Another effective (but still incomplete) look at possible sentencing outcomes for those prosecuted for Capitol riot

    By Douglas Berman

    This new AP article, headlined "Charged in Jan. 6 riot? Yes, but prison may be another story," reviews potental sentencing outcomes for their role in the January 6 Capitol riot. …

  7. Sentencing Law and Policy

    Counsel file initial sentencing briefs on "<em>Blakely</em> factors" in preparation for Derek Chauvin's sentencing

    By Douglas Berman

    As reported in this local article, headlined "Prosecutors seek aggravated sentence against Derek Chauvin, argue George Floyd was ‘treated with particular cruelty’," the sentencing phase of the prosecution of the…

  8. Criminal

    Counsel file initial sentencing briefs on “<em>Blakely</em> factors” in preparation for Derek Chauvin’s sentencing

    By Douglas Berman

    As reported in this local article, headlined "Prosecutors seek aggravated sentence against Derek Chauvin, argue George Floyd was ‘treated with particular cruelty’," the sentencing phase of the prosecution of the…

  9. Sentencing Law and Policy

    US Sentencing Commission releases FY 2021 first quarter sentencing data showing COVID's continued impact on federal sentencings (and USSC data)

    By Douglas Berman

    A helpful colleague made sure that I did not overlook the fact that the US Sentencing Commission this week published here its latest quarterly data report which covers "Fiscal Year…

  10. Criminal

    A few first thoughts on <em>Jones</em> and juve LWOP

    By Douglas Berman

    Because I am on the road, I have only had a chance to read once and quickly the Supreme Court's new Eighth Amendment juvenile LWOP decision in Jones v. Mississippi,…