The Law and Policy of Sentencing

Lynn S. Branham, University of Missouri-Columbia School of Law

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Table of Contents

2023 Update Memo

Teacher's Manual

The tenth edition of this leading casebook on sentencing law and policy profiles many key developments since publication of the book’s last edition. The book also expands its coverage of a number of subjects. The updates and revisions in the book include, among others:

• An overview of restorative justice and practices in a Racial Justice Task Force’s report
• Researchers’ findings on factors contributing to racial and ethnic disparity in the persons subject to correctional supervision
• The inclusion as principal cases of three Supreme Court cases previously discussed in the notes: Padilla v. Kentucky (scope of a defense attorney’s constitutional duty to apprise a defendant of the deportation consequences of a guilty plea); Roberts v. United States (constitutionality of treating a defendant’s refusal to cooperate in the investigation of crimes committed by others as an aggravating sentencing factor); and Graham v. Sullivan (constitutionality of life sentences without parole imposed on people who were under eighteen when they committed a nonhomicide crime)
• The Supreme Court’s decision in Alleyne v. United States holding that there is a constitutional right to have a jury determine the existence of a fact that will trigger or increase a mandatory-minimum sentence
• The stance of the Model Penal Code: Sentencing on selected sentencing-related issues
• Two studies’ findings on the effects of requiring people convicted of crimes to pay fees to defray the costs of criminal-justice operations and correctional programs
• An article outlining options to eliminate the “correctional free lunch” under which states pay the full costs of imprisonment
• Justice Breyer’s dissenting opinion in Glossip v. Gross spotlighting what he considers three constitutional problems with the death penalty and Justice Scalia’s spirited response
• Augmented coverage of the “enmeshed penalties” (collateral consequences) of a criminal conviction, including steps being taken to limit their adverse impact

Learn more about this series.