Sentencing Class @ OSU Moritz College of Law
A new home for an old class blog
recent posts
- Anyone have any distinct views on who Joe Biden should pick as US Attorney General?
- What data in the federal system would indicate the Biden Administration is drawing down the federal drug war?
- A final (too brief) foray into what metrics and data matter for assessing a sentencing system
- Reactions to our look behind the robes with federal sentencing judges?
- Are there any “offender characteristics” that you think must be considered at sentencing? If so, how?
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Category: Class activities
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Here is the final "top-flight" guest-post material I received before the holidays. Though I will not be posting any more guest-posts for extra credit, students can keep earning class participation credit by commenting on this and other posts until the start of classes in January: We no longer recognize just the first place winner, but…
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I continue to enjoy and learn from reading and re-reading the seven juve LWOP amicus brief efforts sent my way. And the more I think about what might be most useful to say to the Court, the more I am finding myself drawn to the idea that the mandatory nature of the LWOP sentences in Jackson…
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A couple more students got me some more "top-flight" guest-post material in time to get a little credit for the effort. I will post the entries periodically, and start with this sports-related sentencing post for all those who have (like me) already spent a little too much time watching football since classes ended: It’s no…
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A second student has now sent me guest-post material which I consider "top-flight" in terms of being an interesting topic, but the materials seems to me to be more suited to a Criminal Law Class blog than a Sentencing Law Class blog. Nevertheless, this student will still get some credit for this effort: Topic: "Having HIV may get…
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So far, one student has succeeded in earning extra credit by sending me "top-flight" guest posting material. Here is the content of this guest-post (along with the picture) that was sent my way this past weekend: One topic that we have not had time to discuss in detail in class this year has been prison labor.…
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Just a quick post to note (1) I should be in or around my office most late afternoons during the exam period, though a quick e-mail to set up a meeting time (or happy hour plans) is always recommended if you want to be sure to find me, and (2) I expect to do a…
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To make sure all is clear about the final paper/assignment, let me go over my latest thinking on how you all can wrap up your work for this course: 1. At our last class this Thursday (Dec. 8), I will have available copies of the "directed final paper" option that student may complete as their…
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I hope everyone enjoyed yesterday's visit by Jonathan Wroblewski (and the Duke game) as much as I did. I am sorry we did not have more time in class for questions, but I plan to use the first part of Thursday's class to follow-up on his lecture and also on the second short-paper assignment. I…
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come by my office around 11:45am on Tuesday. I know we will have "room" enough for the three folks who have already expressed interest to me directly, and I think we might have room for a few more. I plan on heading to Woody's in the Union, so folks could also think about heading to that…
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As you all know, everyone needs to turn in short-paper advice for Jonathan Wroblewski, the director of the Justice Department's Criminal Division Office of Policy and Legislation, by mid-day on Monday. While or after you complete this task, I hope you are thinking about hard questions to ask Mr. Wroblewski concerning his work for the…
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Our final pre-Thanksgiving class will be a day for discussing problems: (a) I can/will respond to any problems anyone has with completing the second short paper, (b) I can/will respond to any problems anyone has figuring out what they are doing for the final paper, and (c) I can/will ask a bunch of hard questions about Problems…
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CLASS PLANS: Today and next Tuesday we will be discussing: (1) Tiernan & USSG 3E1.1 & Pepper and sentencing discounts for pleas and cooperation, (2) Problem 5-4 & Pepper and sentencing based on offender characteristics, and then (3) McMillan & Blakely & Problem 6-1 (in casebook). A timely and interesting circuit ruling that touches on…
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I hope many of you enjoyed last week's movie about William Kunstler's remarkable life as a lawyer and activist. I welcome comments about any aspects of the movie (including whether the picture reprinted here is conclusive proof of child abuse — by both Bill Kunstler and whomever snapped this picture). I especially encourage everyone to…
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As discussing in class, your second short paper assignment is a requirement that you write a very brief memo — no more than 2 pages! — to Jonathan Wroblewski, who is the director of the Justice Department's Criminal Division Office of Policy and Legislation. Here is DOJ's description of that Office's work and mission: The office's legislative…
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Here is a revised agenda for Thusday and beyond so that you can plan readings et al accordingly: Thursday 11/10: Bodiker Lecture at 12 noon in Saxbe Auditorium (be sure to RSVP to make sure you get a lunch) , followed by a showing of "Disturbing the Universe " in our classroom around 1:30pm, followed by class…
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Big sentencing news from the Supreme Court today, as reported in this blog post at SL&P: "Supreme Court grants cert on two Eighth Amendment LWOP challenges for 14-year-old murderers!" These cases now on the Supreme Court's agenda are Miller v. Alabama and Jackson v. Hobbs (which comes from Arkansas). I will discuss these two new SCOTUS cases briefly in…
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I am sorry the excitement of the first Ohio DP Task Force meeting (now reported here in the Columbus Dispatch and here by the AP) slowed us down today. Fortunately, this just means less work for students next week as I adjust our readings/focus. Here is a revised agenda for Friday and beyond, with some additional recommended events in the mix: Friday 11/4:…
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I made brief mention in class of Justice Stephen Breyer's concurrence in Watts, and I thought it might be useful to quote all of it here as the prelude to an (extra credit) challenge: I join the Court’s per curiam opinion while noting that it poses no obstacle to the Sentencing Commission itself deciding whether…
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As noted in this agenda post, our class this Tuesday will focus on the consideration of acquitted and/or uncharged conduct at sentencing, with particular emphasis on the Supreme Court's 1997 ruling in US v. Watts (excerpted in casebook, full text here) and the Ninth Circuit's ruling just last month in US v. Fitch (full opinion…
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I hope everyone recharged their sentencing batteries with the help of Thursday's break because this coming week is going to be very full with exciting sentencing issues and related activities. Here is a brief agenda to aid our collective planning: Monday 10/31: USSC expected to release 600-page report(!) on federal mandatory minimums. Tuesday 11/1: Class will focus on consideration…
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should appear in comments to this post. UPDATE: Hmmm… nobody wants to comment on the work of colleagues. Not surprising, but a bit disappointing. Nevertheless, this post will stay open for comments, and I will perhaps try to prompt some students comments with a few of my own in the days ahead (if necessary).
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I know I did not leave enough time at the end of class today for a complete discussion of all the early results of the guideline part of the Rob Anon sentencing exercise, but I went slow today because (1) I wanted to get out more general themes before jumping into the USSG weeds, and…
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Throughout today and tomorrow, I will in through this post provide progressively more and more hints and help for sentencing Rob Anon under the modern federal sentencing guidelines. I will begin with a few links to the "official" on-line version of the now-applicable US Sentencing Guidelines as provided on the US Sentencing Commission's website: Entire…
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This coming week we are going to shift our look into modern (non-capital) sentencing reforms into high gear. To have everyone on the same page, it is essential that you come to class on Tuesday having completed the pre-modern-reform sentencing exercise I handed out at the end of last Tuesday's class. The front page of…
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I will talk more about (and provide more structure for) the second paper in coming classes. But, as explained in class today, the topic choices for the paper are limited to two hot(?) federal sentencing issues: federal statutory mandatory minimum sentencing provisions and/or circuit review of federal sentences for reasonableness after Booker. There is an incredible amount of reading one…
Sentencing Class @ OSU Moritz College of Law 