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Might other federal criminal prosecutions decline significantly with increased focus on immigration enforcement?

Sentencing Law & Policy - Sat, 03/22/2025 - 11:47
The question in the title of this post is prompted by this new Reuters article headlined "Exclusive: Thousands of agents diverted to Trump immigration crackdown." Here are a few excerpts from a lengthy article: Federal agents who usually hunt down... Douglas A. Berman Data on sentencing Offense Characteristics Who Sentences

Supreme Court, by 7-2 vote, rules that an omission can involve the “use of physical force” in Delligatti

Sentencing Law & Policy - Fri, 03/21/2025 - 13:26
This morning the US Supreme Court handed down an opinion in favor of the government on a statutory issue in Delligatti v. US, No. 23–825 (S. Ct. March 21, 2025) (available here). The opinion for the Court, authored by Justice... Douglas A. Berman Offense Characteristics Sentences Reconsidered Who Sentences

Supreme Court unanimously limits reach of federal bank fraud statute to fraud in Thompson

Sentencing Law & Policy - Fri, 03/21/2025 - 13:20
This morning the US Supreme Court handed down a unanimous opinion in favor of a federal criminal defendant on a statutory issue in Thompson v. US, No. 23–1095 (S. Ct. March 21, 2025) (available here). The opinion for the Court,... Douglas A. Berman Offense Characteristics White-collar sentencing Who Sentences

Oklahoma executes man not objecting to his execution 20 years after capital murder

Sentencing Law & Policy - Fri, 03/21/2025 - 09:57
As detaled in this local article, "Oklahoma carried out its first execution of 2025 on Thursday, giving a lethal injection to a confessed killer who had said in his first interview with police that he wanted the death penalty." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

Florida completes execution of man 32 years after double murder of grandmother and granddaughter

Sentencing Law & Policy - Thu, 03/20/2025 - 21:40
As reported in this AP piece, a "Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed Thursday evening." Here is more: Prison officials said Edward James,... Douglas A. Berman Death Penalty Reforms

New DOJ rule creates new process for restoring gun right to some with criminal convictions

Sentencing Law & Policy - Thu, 03/20/2025 - 13:47
As reported in this new Hill piece, the "Justice Department (DOJ) plans to create a process for those with criminal convictions to restore their gun rights." Here is more: The interim rule, posted in the Federal Register Thursday, follows a... Douglas A. Berman Collateral consequences Second Amendment issues Who Sentences

Bureau of Justice Statistics releases "Federal Justice Statistics, 2023"

Sentencing Law & Policy - Thu, 03/20/2025 - 12:54
The Bureau of Justice Statistics just released this new report, titled "Federal Justice Statistics, 2023," which is decribed this way in the email sent my way: The Bureau of Justice Statistics, in the Department of Justice’s Office of Justice Programs,... Douglas A. Berman Data on sentencing Detailed sentencing data Offender Characteristics Offense Characteristics

Arizona completes execution 20+ years after murderer sought "suicide by jury"

Sentencing Law & Policy - Wed, 03/19/2025 - 15:43
As reported in this USA Today article, "Arizona executed convicted murderer Aaron Gunches by lethal injection Wednesday, marking the first execution in the state since 2022. Gunches, 53, had sought his execution since his guilty plea for the 2002 murder... Douglas A. Berman Death Penalty Reforms Who Sentences

US Sentencing Commissions publishes 2024 Annual Report and 2024 Sourcebook of Federal Sentencing Statistics

Sentencing Law & Policy - Wed, 03/19/2025 - 09:41
This morning the US Sentencing Commission sent out an email highlighing notable new materials and data now available via the USSC's website: 2024 Annual Report The Annual Report highlights the Commission’s major activities and accomplishments during fiscal year 2024 as... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

"Our Anemic Excessive Fines Clause: Are State Courts Following the Federal Lead?"

Sentencing Law & Policy - Wed, 03/19/2025 - 09:31
The title of this post is the title of this new paper authored by Michael O'Hear and now available via SSRN. Here is its abstract: In 2019, in Timbs v. Indiana, the United States Supreme Court held for the first... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Sentences Reconsidered Who Sentences

Louisiana completes its first execution in 15 years and its first by nitrogen gas

Sentencing Law & Policy - Tue, 03/18/2025 - 20:46
As reported in this local article, "Louisiana executed death row prisoner Jessie Hoffman on Tuesday evening, killing him with nitrogen gas, a method never before used in the state." Here is more: The execution was Louisiana's first in 15 years.... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Sentences Reconsidered

Two more states moving bills forward to make child rape a capital offense

Sentencing Law & Policy - Tue, 03/18/2025 - 12:20
In spring 2023, as detailed in this post, Florida became the first state to authorize the death penalty for the crime of child rape since the Supreme Court's ruling in Kennedy v. Louisiana, 554 U.S. 407 (2008). (In Kennedy, the... Douglas A. Berman Death Penalty Reforms Offense Characteristics Sex Offender Sentencing Who Sentences

"Killing Through Their Kids"

Sentencing Law & Policy - Mon, 03/17/2025 - 20:45
The title of this post is the title of this new piece authored by Dyllan Taxman now available via SSRN. Here is its abstract: In early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after... Douglas A. Berman Offense Characteristics Purposes of Punishment and Sentencing

Trying to understand Prez Trump's unclear claims about former Prez Biden's pardons

Sentencing Law & Policy - Mon, 03/17/2025 - 13:32
Prez Trump via this Truth Social post makes a variety of unclear claims while asserting that "many" of former Prez Bidens pardons "are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT." Like many social media postings, there... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Highligthting some of many highlights from Sentencing Matters Substack

Sentencing Law & Policy - Mon, 03/17/2025 - 12:45
It has been a little while since I highlighted here posts from the Sentencing Matters Substack, in part because some recent essays published there have gone beyond just sentencing topics. But especially with this latest posting teaching me something about... Douglas A. Berman Federal Sentencing Guidelines Recommended reading

"The Historical Origins and Evolution of Rehabilitative Punishment"

Sentencing Law & Policy - Sun, 03/16/2025 - 10:08
The title of this post is the title of this new "ahead of print" article forthcoming in the journal Crime and Justice. Authored by Michele Pifferi, her is the piece's abstract: The notion of rehabilitative punishment has changed over time,... Douglas A. Berman Prisons and prisoners Purposes of Punishment and Sentencing

Split Fifth Circuit panel vacates preliminary injunction to allow Louisiana to move forward with nitrogen gas execution

Sentencing Law & Policy - Sat, 03/15/2025 - 12:07
As reported in this post a few days ago, a federal district judge entered a temporary injunction to prevent Louisiana from moving forward next week with it first nitrogen gas execution. That order was swiftly appealed to the Fifth Circuit,... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Sentences Reconsidered Who Sentences

Federal judges rejecting defendants' and DOJ's efforts to expand reach of Prez Trump's Jan 6 pardons

Sentencing Law & Policy - Fri, 03/14/2025 - 12:59
As highlighted in a number of prior posts (see lonks below), in recent weeks federal criminal defendants and sometimes even the US Justice Department has been asserting that Prez Trump's Jan 6 pardons cover seemingly unrelated crimes. This week, as... Douglas A. Berman Clemency and Pardons Offense Characteristics Procedure and Proof at Sentencing Who Sentences

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