Sentencing Law and Policy
The Sentencing Law and Policy Blog is authored by Douglas A. Berman, a William B. Saxbe Designated Professor of Law at Moritz College of Law at Ohio State University. Professor Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of intellectual property. He teaches Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Evidence Gathering, The Death Penalty, and Introduction to Intellectual Property.
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Featured Articles
Is there an ivy-leaguer exception to federal child porn charges?
This new AP story, headlined "Penn hacker sentenced, avoids child porn charges," has me concerned yet again about extreme sentencing disparities (and perhaps even nefarious discrimination) resulting from how federal prosecutors are exercising their discretion to prosecute child pornography...
New federal sex offender law (with Senator McCain's imprint?)
Earlier this week President Bush signed into law two new statutes aimed at sex offenders. This official press statement from the White House provides a summary of the new laws: On Monday, October 13, 2008, the President signed the following...Earlier this week President Bush signed into law two new...
"Citing Workload, Public Lawyers Reject New Cases"
The title of this post is the title of this front-page article appearing in today's New York Times. Here is how it begins: Public defenders’ offices in at least seven states are refusing to take on new cases or have...The title of this post is the title of this front-page article appearing in...
Noticing the new ex-felon voting block
This Los Angeles Times article spotlights a notable new voting block: former felons who have regained the right to vote. Here are snippets from the article: At least a dozen states have changed their laws since 2003 to allow more...This Los Angeles Times article spotlights a notable new voting...
A new web pitch for Webb: (ex officio) US Sentencing Commissioner
I was disappointed to learn that Senator Jim Webb, the only national political figure who has shown a real commitment to questioning the efficacy of modern mass incarceration, has taken himself out of the VP sweepstakes. So, I must now...I was disappointed to learn that Senator Jim Webb, the only...
OJ Simpson subject to 15-year mandatory minimum (though with parole)
Writing here at SI.com, law professor Michael McCann provides an effective review of "the key questions following the guilty verdict of O.J. Simpson on all 12 counts of armed robbery and kidnapping." Here is the Q&A on sentencing: What will...Writing here at SI.com, law professor Michael McCann...
Gov pledges to do "everything" to abolish capital punishment in Maryland
As detailed through articles today in the Washington Post and in the Baltimore Sun, Maryland's governor has decided to really commit to getting the death penalty abolished in his state. Here is the start of the Sun article: Gov. Martin...As detailed through articles today in the Washington...
Ninth Circuit rocks while reviewing conditional plea efforts
A decision by the Ninth Circuit today in In re: Gallaher, No. 07-74593 (9th Cir. Nov. 13, 2008) (available here) is blogworthy in part because it reviews some intricate procedural issues. But the ruling's openning paragraph also provides a good...A decision by the Ninth Circuit today in In re:...
More evidence that the death penalty is dying a slow death on the front lines
One datum showing the slow death of the modern American death penalty is the very low number of executions nationwide. (There has not been in more than a few executions in 2008 in any state other than Texas.) But an...One datum showing the slow death of the modern American death penalty is the...
"Lethal Injection and the Problem of Constitutional Remedies"
The title of this post is the title of this new paper by Professor Eric Berger available via SSRN. Here is the abstract: Many states' lethal injection procedures contain serious flaws that create a significant risk of excruciating pain, but,...The title of this post is the title of this new...
