Articles Posted in sentencing law and policy

Prof. Berman notes a unique “stale” murder/rape case in Illinois. Speaking of the Supreme Court, two recent rulings by the Justices, Gall and Pepper, made much of considering under federal sentencing law the positive post-offense behavior by a defendant. In this case, it seems the defendant was a model citizen for more than five decades,…

Thanks to Prof. Berman TG, here is a resource for collateral consequences of a conviction. Unfortunately there are only nine state jurisdictions and federal filled in – a ways to go on a useful project. Another place to look is SentencingProject.org. (Note, it will be necessary to “sherardize.”) , or A Practitioner’s Guide to Collateral…

The CAAF held that there is no right of confrontation at sentencing. The other rules do apply, such as hearsay, unless you relax the rules (something I rarely if ever do). United States v. McDonald, 55 M.J. 173 (C.A.A.F. 2001); United States v. George, 52 M.J. 259 (C.A.A.F. 2000). The question in the title of…

Here, from Prof. Berman TG at Sentencing Law & Policy is a reminder about evidence in CP cases. I think most of us already do this, and a number of prosecutors already think of this. A notable Third Circuit panel ruling today in US v. Cunningham, No. 10-4021 (3d Cir. Sept. 18, 2012) (avalable here),…

Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . . This week Frontline will broadcast a new documentary “The Confessions,” which examines the case of the “Norfolk Four” involving a quartet of Navy men who were wrongfully convicted after being coerced into…

I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission. As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal…

There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by…