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Berman v. Otis on Mandatory Minimums

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I will have the pleasure and the challenge of debating Prof. Doug Berman of the Ohio State University in a Federalist Society teleforum to begin at 2 pm EDT on Tuesday, the day after Labor Day.  The subject will be mandatory minimum sentencing, and particularly Eric Holder's August 12 speech on that subject.  I do not yet have the call-in number, but will post it when I do.

Each of us will speak for 8 - 10 minutes to start off, then take questions from listeners for the remainder of the hour.

In brief, Prof. Berman thinks judges should have maximal discretion in sentencing, and I think Congress is wise to circumscribe it for some offenses.  Should be a lively discussion.

UPDATE:  The call-in number is 888-752-3232.

FURTHER UPDATE:  The recorded debate is accessible here.  I confess having a degree of self-interest, but I thought the discussion was the most thoughtful and informed I have seen on this subject since the AG's speech.  Many thanks to Doug Berman for his superb contribution, rich in both detail and the long view.

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