CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, December 11, 2010

Yesterday's criminal law/procedure cert grant

is Tapia v. United States, described as follows at ScotusBlog, which links to the opinion below and will link to cert papers when available:

The new criminal sentencing case the Court agreed to review is Tapia v. U.S. (10-5400), testing whether a federal judge may give a convicted individual a longer prison sentence to promote rehabilitation. That issue has divided the federal Circuit Courts, the petition argued.  The Court already is reviewing an aspect of the rehabilitation question in federal sentencing — in the case of Pepper v. U.S. (09-6822).  The Justices, in fact, heard the Pepper case just last Monday.

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Very interesting to see the US courts taking into account rehabilitation in such a big way. In Scotland, there is perhaps a tendency to avoid longer sentences given the lack of prison space, which is surely also a consider in the States.

It's also quite interesting to consider whether a custodial sentence does rehabilitate the convicted individual. Shawshank Redemption and Morgan Freeman come to mind.

Looking forward to further criminal law updates from the States

Best wishes
Criminal defence lawyers in Scotland

Posted by: Foreign Criminal Lawyer | Dec 12, 2010 9:30:59 AM

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