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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 ā€œWacoan of the Yearā€ by Wacoan Magazine.

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

Entries by Mark Osler

Our Dangerously Safe Jesus

(3) Comments | Posted May 25, 2013 | 7:32 AM

Over the past few years, I have been involved with a fascinating project: I am Christ's prosecutor.

The setting is a modern re-creation of Jesus's trial, under the current law of the state which hosts the event. For efficiency, we limit ourselves to the sentencing phase of the trial...

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Brittney Griner, Confetti Angels and Baylor's Soul

(5) Comments | Posted April 19, 2013 | 2:32 PM

This week, Baylor basketball star Brittney Griner made her first public statements about her sexuality, and at least one headline read that this announcement is "no big deal." In the sports world, that has been true. Griner's impressive talent and character speak for themselves.

It is a big deal...

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The Myth of the Law-Abiding Gun

(72) Comments | Posted April 19, 2013 | 9:32 AM

A bipartisan cadre in the Senate has now rejected a very reasonable expansion of background checks for gun purchases, largely in the name of "law abiding gun owners." Their mistake is identifying the person and the gun as a single unit. Unfortunately for public safety, they aren't.

What this...

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How to Awaken the Pardon Power

(3) Comments | Posted April 11, 2013 | 12:13 PM

In recent months, a striking array of people -- from the Kardashians to those within the Heritage Foundation -- have called attention to the often-forgotten ability of the president to shorten sentences and pardon convictions. It's no wonder: There is a crisis of over-incarceration in this country, and the pardon...

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Breakfast: The Miracle After Easter

(4) Comments | Posted April 3, 2013 | 12:17 PM

Lent is now over. Easter has come and gone.

Perhaps the most important part of the story is still to be remembered, though. Sure, we have already celebrated the triumphant entry into Jerusalem on Palm Sunday, the cleansing of the temple, the last supper, the crucifixion,...

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Chaos and the Cheerleader

(2) Comments | Posted March 7, 2013 | 9:47 AM

Lent perplexes me. The events it recalls are chaotic, especially the last few weeks. Jesus enters Jerusalem to cheers, but then it is bedlam. He tears up the temple he says is doomed, denounces the powerful, his disciples pull swords from their cloaks, and there is an extended scene of...

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Guns and Kittens

(103) Comments | Posted February 26, 2013 | 11:45 AM

Could it be that we are more threatened by kittens and puppies than we are by guns? Perhaps we are. My own community, like many others, has restrictions on pets that don't apply to firearms. We track pets through licensing, but are loath to do the same with guns. We...

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Christianity Without Arrogance

(928) Comments | Posted January 23, 2013 | 11:23 AM

Much has been made of the "rise of the nones" -- that is, the increasing percentage of Americans who identify with no religion. It is a fascinating and undeniable trend, and one that should catch the attention of religious leaders.

I know quite a few Nones. Few of them were...

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Newtown: An Indictment of the Ethic of Revenge

(105) Comments | Posted December 14, 2012 | 3:30 PM

The pictures mean it must be true: the shooting, again, of innocents in a public place.

How can this happen? Some will blame the evil that hid within the shooter, and they are, of course, right. Others will blame guns, and they are right, too. It appears,...

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Death, Christ and California's Prop. 34

(74) Comments | Posted November 2, 2012 | 3:16 PM

As a people, we often cringe when religion and politics combine. We avoid it when we can. That said, the two must be discussed together in the context of Proposition 34 -- which would abolish the California death penalty -- for one simple reason: It is likely that the majority...

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Prosecuting Jesus in Pasadena

(6) Comments | Posted October 11, 2012 | 9:18 AM

Azusa Pacific University's motto is "God First Since 1899." It is there, on October 18, that I will stand before a crowd and condemn Jesus. The night preceding, I will do the same thing at Fuller Seminary in Pasadena, an evangelical graduate school for future ministers.

What will I say?...

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Ask Now About the Pardon Power

(1) Comments | Posted September 21, 2012 | 4:16 PM

The pardon power is the drunk uncle of presidential politics, awkwardly ignored until there is a disaster. It has been the source of great controversy over the past three decades, with clemency granted to Richard Nixon, Marc Rich, and Scooter Libby, but too few others. Yet, the pardon power and...

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The New Episcopalian

(94) Comments | Posted August 22, 2012 | 6:20 PM

In the past few months I have read several agonized reports on the supposed death throes of the Episcopal Church. I have not studied the statistics or interviewed masses of people. However, I have traveled in the opposite direction from those who have left the Episcopal church, and am glad...

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Kagan's Elegant Principle: Children Are Different

(11) Comments | Posted July 10, 2012 | 11:59 AM

The end of this year's term in the Supreme Court was a legal, moral and political thrill ride. The Affordable Care Act decision, of course, sucked most of the air out of the room. Beneath, and slightly before that decision, though, was the announcement of an opinion that resonated with...

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When the Atheists Are Right

(414) Comments | Posted June 6, 2012 | 3:33 PM

Because I write as a Christian in favor of marriage equality, I receive a lot of correspondence from people who feel I'm mistaken. There seem to be a large number of suggestions, for example, that I will burn in a lake of flaming sulfur. I usually respond, as kindly as...

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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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