Posts tagged with: "sentencing"
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18 Apr 2014, 12:16 pm by Steve Hall
"Measure to Repeal Death Penalty Fails by a Single Vote in New Hampshire Senate," is the New York Times report by Katharine Q. Seelye. In a tie vote, the New Hampshire Senate deadlocked Thursday on whether to repeal the death... [read post]
17 Apr 2014, 7:17 pm by Bill Otis
Is it that we've locked up to many criminals, or that we have too much crime?Congressional backers of slashing mandatory minimum sentences plainly believe the former.  Their main slogan is "incarceration nation," and they claim there's a "bi-partisan consensus" to cut the prison population.One thing I learned in my days as a litigator is to listen for what you're not hearing. What I never seem to hear, amidst all these claims of consensus, is any polling results among ordinary people.… [read post]
17 Apr 2014, 9:02 am by Steve Hall
That's the title of the breaking news AP report filed by Lynne Tuohy, via WCAX-TV. New Hampshire's Senate has voted to leave intact the state's centuries-old death penalty. Lawmakers voted 12-12 Thursday and the tie means the measure will stay... [read post]
17 Apr 2014, 8:15 am by Steve Hall
Streaming video of the New Hampshire Senate is available at the link. "N.H. Senate to vote on repeal of death penalty," is by Brian MacQuarrie of the Boston Globe. Two dozen state senators are scheduled to gather Thursday morning in... [read post]
17 Apr 2014, 7:16 am by Douglas A. Berman
I just learned about an important NIJ-funded project and report through the National Criminal Justice Reference Service which examines in depth federal prosecutorial charging decisions across US District Courts. The research was complete by Brian Johnson of the University of... [read post]
17 Apr 2014, 7:01 am by Douglas A. Berman
The title of this post is the title of this intriguing new paper by Samuel Buell now available via SSRN. Here is the abstract: Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes... [read post]
17 Apr 2014, 1:34 am by tracey
‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’ Full story BBC News, 16th April 2014 Source: [read post]
17 Apr 2014, 1:23 am by tracey
‘The most senior judge in England and Wales has called on magistrates to impose tougher sentences for youths who carry knives.’ Full story Daily Telegraph, 16th April 2014 Source: [read post]
16 Apr 2014, 12:45 pm by Steve Hall
"Death penalty: Require a unanimous decision from jurors," is the Tallahassee Democrat editorial. The death penalty has been a subject of disagreement for years, with endless arguments over whether it’s being carried out too much or not enough, too quickly... [read post]
16 Apr 2014, 12:34 pm by Steve Hall
Today's Canton Repository publishes the editorial, "Death penalty report is good starting point." A committee appointed more than two years ago by Ohio Supreme Court Chief Justice Maureen O’Connor has made dozens of recommendations on how to change the state’s... [read post]
16 Apr 2014, 12:13 pm by Robert Hambrick
Even after sentencing in federal criminal cases there is still hope for federal prisoners to be re-sentenced within a year of the original sentencing date to a lower period of prison time based on Rule 35 substantial assistance for the best possible sentencing outcomes. In a typical federal criminal case in which a defendant either pleads guilty or is found guilty after trial, the defendant will be given an opportunity to give a proffer before sentencing. A proffer is a statement of knowledge… [read post]
16 Apr 2014, 10:18 am by Steve Hall
The Eagle Tribune reports, "N.H. Senate to decide on death penalty repeal; Some say Senate tie is possible." It's by John Toole. The state Senate takes up the death penalty repeal tomorrow. “We think it will be very close,” said... [read post]
16 Apr 2014, 9:50 am by Douglas A. Berman
The more I reflect on the typo-correction sentence commutation of federal prisoner Cesar Huerta Cantu (basics here), and especially after re-reading this 2255 dismissal order that followed Cantu's own effort to have a court fix its own significant sentencing error,... [read post]
16 Apr 2014, 8:01 am by Douglas A. Berman
I am pleased to note a notable event taking place in Texas this evening under the banner "Rule of Law: How the Criminal Justice System Impacts Well-Being." Here is a description of the event, with its notable chief sponsor (and... [read post]
16 Apr 2014, 7:38 am by Douglas A. Berman
The title of this post is the title of this paper by Erin Lynn Miller, which I just noticed via SSRN. Here is the abstract: Under current due process doctrine, punitive damages awards against civil defendants are reviewed for "proportionality"... [read post]
16 Apr 2014, 4:29 am by Bill Otis
My post yesterday describing White House Counsel Kathryn Ruemmler's remarks about Presidential clemency did not go nearly far enough.  Now that I take a closer look at the AP report, I have to wonder whether something very, very broad is afoot. Specifically, I wonder whether the President is planning to implement the heart of the Smarter Sentencing Act on his own.  It would scarcely be the first time this President by-passed Congress.Here is what Ms. Ruemmler is reported to have… [read post]
16 Apr 2014, 1:55 am by tracey
‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’ Full story BBC News, 15th April 2014 Source: [read post]
15 Apr 2014, 2:58 pm
Federal Sentencing has been praised and pilloried since 1984 when the Sentencing Commission, a creature of the Congress, was created. Over the years it has been seen as race neutral, gender neutral, and fair. Heralded as removing judges from the influences of money and lawyers, it has both succeeded and failed beyond expectation. It is now being reviewed. Thankfully. And, amazingly CNN has reported favorably on it! The Sentencing Commission published some revisions, and they will be… [read post]
15 Apr 2014, 12:52 pm by Bill Otis
It's no surprise at this point that I have been doing what I can to oppose the so-called Smarter Sentencing Act.  I made probably my most comprehensive case against it here.I'm delighted to see that, since I published that post, another reason why the SSA is unwise and unnecessary has hoved into view.  Just this morning, as Sentencing Law and Policy notes, White House Counsel Kathryn Ruemmler announced at a conference at NYU Law School that the power of executive clemency "can serve as a… [read post]
15 Apr 2014, 12:14 pm by Jared A. Favole
Associated Press WASHINGTON—President Barack Obama on Tuesday commuted part of the sentence of a man convicted on drug-related charges, trimming 3½ years of jail time attributed to a typographical error in a sentencing document. [read post]