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Sentencing

11,938 published works

  1. Criminal

    “Narrating Context and Rehabilitating Rehabilitation: Federal Sentencing Work in Yale Law School’s Challenging Mass Incarceration Clinic”

    By Douglas Berman

    The title of this post is the title of this notable new article authored by Miriam Gohara now available via SSRN.  Here is its abstract:The Challenging Mass Incarceration Clinic (CMIC)…

  2. Criminal

    Eighth Circuit panel affirms (within-guideline) sentence of 2.5 years for illegal possession of a single bullet

    By Douglas Berman

    Decade of study can make one nearly numb to the variety of remarkable stories involving our criminal justice systems ordering people to live long periods in cages for what seems…

  3. Criminal

    Interim Attorney General releases new “Interim Guidance on Prosecutorial Discretion, Charging and Sentencing”

    By Douglas Berman

    Via this HuffPost piece, headlined "DOJ Pulls Trump Administration’s Harsh Charging And Sentencing Policy," I see that the failure of the Biden Administration to yet have a new confirmed Attorney…

  4. Criminal

    In high-profile sentencing, victim input and collateral consequences push judge away from prison term for misconduct by former FBI attorney

    By Douglas Berman

    This lengthy Politico piece, headlined "Ex-FBI lawyer spared prison for altering Trump-Russia probe email," reports on an interesting high-profile federal sentencing today in DC.  Here are excerpts, with a bit…

  5. White Collar Briefly

    DOJ Rescinds Trump Charging and Sentencing Policy

    By Pravin Rao

    On January 29, 2021, Acting Attorney General Monty Wilkinson rescinded the Trump administration’s charging and sentencing policy that required federal prosecutors to hold as a “core principle” that they “charge…

  6. On Point

    SCOW accepts case raising issue of using lawful gun ownership as an aggravating sentencing factor

    By Wisconsin State Public Defender

    State v. Octavia W. Dodson, 2018AP1476-CR, granting review of a per curiam court of appeals decision; case activity (including briefs) Issue presented: Did the sentencing court violate Dodson’s Second Amendment…

  7. Commercial Litigation Update

    The Harsh Reality of the “Trial Penalty” in Federal Prosecutions

    By Jeffrey P. Mongiello

    Most have heard the cliché “don’t do the crime, if you can’t do the time.” For many criminal defendants, however, a significant factor in the time served is not just…

  8. Health Law Prof Blog

    The Increased Exposure to Coronavirus (COVID-19) for Prisoners Justifies Early Release: and the Wider Implications of This for Sentencing – Reducing Most Prison Terms Due to the Harsh Incidental Consequences of Prison

    By Katharine Van Tassel

    Mirko Bagaric (Swinburne University Law School), Peter Isham (Northwestern University), Jennifer Svilar, The Increased Exposure to Coronavirus (COVID-19) for Prisoners Justifies Early Release: and the Wider Implications of This for…

  9. Sentencing Law and Policy

    Details on Ohio’s new ban of juve LWOP and the broader national landscape

    By Douglas Berman

    As mentioned in this recent post, Ohio recently enacted a new law largely banning life without parole sentences for juveniles.  Daniel Nichanian has this new piece at The Appeal: Political…

  10. Sentencing Law and Policy

    SCOTUS grants cert on four new criminal cases, including one on FIRST STEP Act retroactivity of reduced crack sentences

    By Douglas Berman

    The Supreme Court last night issued this order list which grants review in 14 new cases that will be heard later this SCOTUS Term.  Four of the cases involve criminal…