Sentencing Law & Policy

This CBS News piece reports on a high-profile murderer being denied her bid for parole today after having served 30 years in prison. Here are the basics: A parole board decided unanimously Wednesday that Susan Smith should remain in prison,... Douglas A. Berman Celebrity sentencings Sentences Reconsidered Who Sentences

I received an email this morning flagging that "the Council on Criminal Justice (CCJ) today released a new report on shoplifting that examines trends through fall of this year and highlights a conflict in two sources of FBI data on... Douglas A. Berman National and State Crime Data

The Washington Post has this lengthy new article discussing the state of capital punishment administration and death rows in the US. The piece's full headline previews its themes: "Between Life and Death: More than 2,100 people sit on American death... Douglas A. Berman Death Penalty Reforms

With thanks to some readers for flagging some of these pieces, I have seen in recent days an array of stories regarding an array of ugly realities in the federal prison system. A round-up: From The Christian Post, "Federal prisons... Douglas A. Berman Prisons and prisoners

As reported in this Fox News article, California's Gov has made a non-decision concerning the clemency requests from the Menedez brothers: "Gavin Newsom has reached a decision on a pair of clemency requests for Erik and Joseph 'Lyle' Menendez, the... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Prison Policy Initiative is aparently okay with one group of prisoners potentially spending longer in prison, as it has this new briefing urging clemency action to take condemned murderers off death row. The themes of the briefing is spelled... Douglas A. Berman Clemency and Pardons Death Penalty Reforms Sentences Reconsidered Who Sentences

In this recent post, I flagged a number of press pieces providing various forms and sources of advice for Prez Biden concerning how he should use his clemency power on his way out the White House door. While we await... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay just posted to SSRN and authored by Meghan Ryan. Here is its abstract: The Supreme Court’s recent opinion in Grants Pass v. Johnson condoned states’ attempts to police... Douglas A. Berman Sentences Reconsidered Who Sentences

Joe Biden has really been a lame-duck president for nearly four month since he announced in late July that he was not going to run for reelection. But with the 2024 election now completed, Prez Biden is officially at the... Douglas A. Berman Clemency and Pardons Who Sentences

As reported in this AP piece, the "Texas Supreme Court on Friday ruled that a legislative subpoena cannot stop an execution after Republican and Democratic lawmakers who say Robert Roberson is innocent used the novel maneuver to pause his execution... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new essay authored by Monu Singh Bedi now available via SSRN. Here is its abstract: Earlier this year, Jennifer and James Crumbley were convicted of manslaughter and sentenced to 10-15... Douglas A. Berman Offense Characteristics

This new Gallup piece, headlined "Drop in Death Penalty Support Led by Younger Generations: Less than half of millennials, Gen Z are in favor of it for convicted murderers," reports on its latest survey data concerning views on capital punishment.... Douglas A. Berman Death Penalty Reforms

As reported in this local article, New Jersey's Criminal Sentencing and Disposition Commission this week issued its annual report that makes four notable sentencing recommendations. Here are details and context: The group, which is made up of representatives from every... Douglas A. Berman Mandatory minimum sentencing statutes State Sentencing Guidelines Who Sentences

I just saw that late last week the Major Cities Chiefs Association released here its crime data from its on "Violent Crimes Survey" based on reports to 69 law enforcement agencies over the first nine months of 2024. These data... Douglas A. Berman National and State Crime Data

The Death Penalty Information Center has today released this new report titled "Fool’s Gold: How the Federal Death Penalty Has Perpetuated Racially Discriminatory Practices Throughout History." The title leaves little doubt about the tone and leanings of the report, and... Douglas A. Berman Data on sentencing Death Penalty Reforms Offense Characteristics Race, Class, and Gender

As reported in this Fox News piece, "President-elect Donald Trump on Wednesday announced Rep. Matt Gaetz, R-Fla., as his pick for attorney general." Here is more: If confirmed, Gaetz will head up the Justice Department after Trump is sworn in... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

As true law nerds know, the November issue of the Harvard Law Review is always focused on the Supreme Court's work in the prior Term. And it has become somewhat of an annual tradition for me to be somewhat disappointed... Douglas A. Berman Recommended reading Who Sentences

Via email, I learned of this notable new report released today by the Bureau of Justice Statistics, titled "Methamphetamine, Cocaine, and Other Psychostimulant Offenses in Federal Courts, 2022." The reportprovides details on persons arrested and convicted for a federal offense... Douglas A. Berman Data on sentencing Drug Offense Sentencing Offense Characteristics

The title of this post is the title of this new essay authored by Jesse Cheng now available via SSRN. Here is its abstract: In the Court's recent decision in United States v. Tsarnaev, Justice Thomas appears to be planting... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing

In this extended new commentary in the Atlanta Journal-Constitution, Hugh Hurwitz and Walter Pavlo discuss the importance of halfway house in the federal prison system and challenges created by the First Step Act. I recommend the piece in full, and... Douglas A. Berman Criminal Sentences Alternatives FIRST STEP Act and its implementation Prisons and prisoners