Mark Osler
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Mark Osler is a Professor of Law at the University of St, Thomas Law School in Minnesota. A graduate of the College of William and Mary and Yale Law School, Prof. Osler is a former federal prosecutor whose work has consistently confronted the problem of inflexibility in sentencing and corrections. As lead counsel he won the case of Spears v. United States (2009) in the U.S. Supreme Court, where the Court held that sentencing judges can categorically reject the 100:1 ratio between crack and powder cocaine in the federal sentencing guidelines. Justice Stevens (in dissent) also quoted Prof. Osler in the seminal case of United States v. Booker (2005), which struck down the mandatory guidelines. As an appellate attorney, Osler has briefed or argued cases (often as Amicus for other sentencing experts) in six federal courts of appeal and in the United States Supreme Court, and as a sentencing expert he has testified in Congress (2009) and before the U.S. Sentencing Commission (2004). He serves as the head of the Association of Religiously Affiliated Law Schools, and often lectures on issues relating to sentencing, ethics, and faith and the law. His work on one case is portrayed in the Samuel Goldwyn film American Violet, where the character of Prof. Joe Fischer is based on Osler’s role in working with a former student to address suspect practices by a District Attorney. His book, Jesus on Death Row (Abingdon, 2009) challenges the death penalty based on the experience of Christ as a criminal defendant. He has also authored over twenty academic articles and has been interviewed as a sentencing or Supreme Court expert on CNN, NPR’s Morning Edition, ABC’s Good Morning America, and in hundreds of newspapers. In 2009 (while serving as a professor at Baylor University) he was named “Wacoan of the Year” by Wacoan Magazine.

Mark Osler may be reached at Mark.Osler@StThomas.edu

Blog Entries by Mark Osler

God and Guns at Walmart

(72) Comments | Posted April 25, 2012 | 11:10 AM

This past Sunday, a man named Michael Bradshaw reportedly tried to leave a Walmart store in College Station, Texas with a shopping cart full of goods he hadn't paid for. He was approached by security officers, and a scuffle ensued. One of the security guards fired a gun and shot...

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The Five Cardinal Sins of Progressive Activists

(15) Comments | Posted April 17, 2012 | 12:51 PM

I'm a sinner. At one time or another, in the course of my own advocacy (on the death penalty and other issues), I have committed each of the five sins I am about to describe. In fact, so have most who work in advocacy, whether they are progressive, conservative,...

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Who's to Blame for Pardon Abuse?

(2) Comments | Posted March 19, 2012 | 8:44 PM

Over the past week, two stories have dominated the news out of Mississippi. First, on Thursday, March 8, the Mississippi Supreme Court upheld former Governor Haley Barbour's controversial last-minute pardons of over 200 convicts. The second big story was the Republican primary in that state just five days later.

The...

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Lent and the Hidden Cost of Capital Punishment

(3) Comments | Posted March 13, 2012 | 12:29 PM

Christianity is an odd religion in that the central human figure, Christ, is executed by the state. We don't see that in other faiths: Siddhartha Gautama Buddha died of food poisoning at age 80, and the Prophet Muhammad died of natural causes at 63.

It should mean something to...

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Faith in the Back Row

(7) Comments | Posted February 21, 2012 | 11:22 AM

I am the son of a painter. On summer days, I have often found an excuse to sit near him as he worked. I might pretend to read a book, but I'm really watching him. A better and more compelling story than any book can tell is unfolding in front...

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Why Religion Should Matter When We Vote

(106) Comments | Posted January 18, 2012 | 1:39 PM

Should we consider a candidate's religion when we vote? For many of us, the instinctive answer is "of course not!" To do so seems somehow contrary to the idea of separation of church and state, or prejudiced, or something like that. Examined more closely, though, that instinctive reaction may not...

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The Advent Challenge to Wealth

(63) Comments | Posted December 19, 2011 | 1:38 PM

I write this from the breakfast room of my comfortable home in Edina, Minnesota, a suburb of Minneapolis. People from other communities call Edina residents "cake-eaters," because of the relative wealth of its residents (other towns, they say, get the crumbs). Right now, Edina is blanketed in snow, and on...

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The Conscience of John Kitzhaber

(7) Comments | Posted November 30, 2011 | 11:06 AM

There's a furor over morality right now in Oregon. On November 22, Governor John Kitzhaber announced that he was issuing a moratorium on executions in that state, and that the first reprieve was going to Gary Haugen, a double-murderer. Haugen was scheduled to die on December 6, and had waived...

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Football, Pizza and Power

(1) Comments | Posted October 5, 2011 | 5:52 PM

Like so many others, I am saddened by the way our leaders have been wielding power-- to harm their opponents rather than to make the world better. So many of those leaders, on both sides, are professing Christians, but their sense of power pays little attention to what Jesus taught.

...
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Gay at Baylor: A Christian Challenge

(128) Comments | Posted August 29, 2011 | 7:04 PM

This past October, I wrote a piece in The Huffington Post entitled "Repentance of an Anti-Gay Bigot." Among the dozens of responses I received were many from my former law students at Baylor University, where I taught for 10 years. They were heart-wrenching, revealing the pain of attending Baylor in...

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Diversity, Faith and the Supreme Court

(130) Comments | Posted August 28, 2011 | 12:18 PM

On Aug. 18, President Obama issued an executive order promoting diversity in the workplace. In that order, he set out a compelling and principled reason for diversity: "We are at our best when we draw on the talents of all parts of our society, and our greatest accomplishments are achieved...

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Prayer Breakfast Heresies

(18) Comments | Posted July 11, 2011 | 10:27 AM

As someone who has worked for the past decade at religiously-affiliated institutions, I have on occasion had the opportunity to participate in what has become a regular Christian ritual in some places: The prayer breakfast. What fascinates me about these events is that they drape themselves in the faith, yet...

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The Power of Futile Speeches

(1) Comments | Posted June 17, 2011 | 9:08 AM

I became a prosecutor in 1995 because I believed in order and justice. I went to Detroit to be a prosecutor because it seemed like a place in desperate need of order, justice, and the talents of expatriates like me who had drifted off to richer, more stable places.

Like...

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Worshipping the Irrational Jesus

(136) Comments | Posted June 8, 2011 | 11:42 AM

I recently heard a radio preacher explain how it was OK to be rich -- that, in fact, it was a mark of being blessed by God. It was a rational argument. It is just common sense, after all: If God likes us, we will be rewarded with money and...

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Narcotics: Attack Capital, Not People

(5) Comments | Posted May 10, 2011 | 5:09 PM

The war on drugs is over. Drugs won.

There seem to be two common answers as to what to do next. The political establishment (including the Obama administration) largely supports doing the same things we always have -- locking up lots of people who are selling, making or carrying drugs....

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Ripping My Clothes at Easter

(28) Comments | Posted April 22, 2011 | 12:55 PM

In my days as a federal prosecutor in Detroit, I played a role in cases against Hezbollah, Chinese snakeheads, crack dealers, and brilliant counterfeiters, but this may have been the toughest one of all.

The judge was a former attorney general.

My opposing counsel was a trial skills professor, author,...

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Governor Quinn Sets The Right Tone With Abolition Of Illinois Death Penalty

(4) Comments | Posted March 10, 2011 | 1:41 PM

Governor Pat Quinn has now put pen to paper and abolished the death penalty in Illinois. The signing was a quiet, solemn event, held in private and attended by only a handful of invited guests.

The tone set by Governor Quinn was just right. I am among...

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Why the Legislature Is Right and Lisa Madigan Is Wrong About the Death Penalty

(7) Comments | Posted February 24, 2011 | 4:07 PM

As Illinois Governor Pat Quinn continues to ponder a bill to abolish the death penalty, one document before him is a letter from Attorney General Lisa Madigan. In that letter, Madigan refers to several pending cases and urges the governor to veto that bill.

As a former prosecutor who now...

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The Christian Social Mission of Loving Your Heckler

(13) Comments | Posted February 22, 2011 | 10:40 AM

A few weeks ago, as I was talking about civil political discourse at a church here in Minnesota, I experienced my first heckler. A middle aged man in coat and tie, he loudly yelled, "no, no!" and then stalked out of the room. It was thrilling, and confusing. I have...

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The Death Penalty and Why the Arizona Murders Should Trouble Christians

(468) Comments | Posted January 10, 2011 | 7:44 PM

A troubled loner with a gun decided to kill his Democratic Congresswoman outside a Tucson grocery store, and now six people are dead. As a former prosecutor who now trains future prosecutors, I grieve with a heavy heart. As a Christian, I am troubled. The blood in the desert will...

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