Sentencing Law & Policy

As noted in this prior post, the Supreme Court altered its recent patterns by issuing this order list late today. And the order list had a whole lot for sentencing fans, with two of three Friday cert grants involving notable... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Supreme Court has been consistently issuing its full order lists at the start of weeks for all of 2025. Indeed, the Supreme Court's website in one place states, as I write this, that "the Court will release an order... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As noted in this post, in 2021 I urged then-Prez Biden to consider nominating to the US Sentencing Commission multiple persons with diverse, direct experiences with U.S. justice systems. Four years later, as detailed in this new NBC News article,... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Who Sentences

The title of this post is the title of this new paper available via SSRN and authored by Tammi Walker. Here is its aAbstract: Juvenile sex offender registration was never a natural fit for the youth justice system, but in... Douglas A. Berman Collateral consequences Criminal Sentences Alternatives Offender Characteristics Reentry and community supervision Sex Offender Sentencing Technocorrections

Last week after Prez Trump granted more than 25 notable pardons and commutations, CNN reported that he was "expected to issue even more commutations in the coming days." A week later, no more new clemency grants have been announced. But... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new report released today by the Collateral Consequences Resource Center (CCRC) authoed by Margaret Love and Beth Johnson. The full report runs 64 pages and is effectively summarized in this... Douglas A. Berman Collateral consequences Reentry and community supervision Second Amendment issues

The dynamics of prison transfers is a topic that I have not seen widely researched or discussed, even though I surmise transfers can have a significant impact on prison experiences. So I am pleased to see this notable new briefing... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

The Death Penalty Information Center has this new thorough report of recent capital legislation under the heading "2025 Roundup of Death Penalty Related Legislation." Here is how the review gets started: More than one hun­dred bills have been intro­duced this... Douglas A. Berman Death Penalty Reforms Who Sentences

The title of this post is the title of this new paper available via SSRN authored by Aparna Komarla. Here is its abstract: Resentencing is a complex social and legal challenge to navigate for proponents of carceral reform. Despite recent... Douglas A. Berman Data on sentencing Procedure and Proof at Sentencing Sentences Reconsidered Technocorrections

As reported in this new NPR piece, according "to a report released this week from FWD.us, an advocacy organization aimed at criminal justice reform, having a loved one in prison or jail is estimated to cost families across the country... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

As detailed in this press release from the Princeton School of Public and International Affairs, "national organizations from across the political spectrum have released a set of principles aimed at guiding policymakers in reforming the U.S. criminal justice system to... Douglas A. Berman Purposes of Punishment and Sentencing Who Sentences

The title of this post is the title of this new paper now available via SSRN and authored by Colin Bradley and Eleanor Gordon-Smith. Here is its abstract: A recent view in legal epistemology holds that since knowledge is the... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Prez Trump's considerable clemency activity last week (basics here and here) not only has engendered considerable commentary about his recent efforts (some assembled here), but also has various major press outlets covering various clemency-related stories. Here is a partial round... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

Around this time two years ago in this post, I flagged that the Drug Enforcement and Policy Center at The Ohio State University had just released Season One of a new podcast, "Drugs on the Docket." All six full episodes... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines

The title of this post is the title of this new paper now available via SSRN authored by Ji Seon Song. Here is its abstract: Studies of the institutional actors in the criminal legal system have revealed critical insights on... Douglas A. Berman Criminal Sentences Alternatives Reentry and community supervision

The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month. The list is not all that eventful for sentencing fans, but at least one grant, one denial and one... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Transactional Records Access Clearinghouse (TRAC) recently released this notable new report titled "Federal Prosecution of White-Collar Crimes Receiving Less and Less Attention." The report captures all sort of data about federal white-collar prosecutions, and is worth a read in... Douglas A. Berman Data on sentencing Offense Characteristics White-collar sentencing

Unsurprisingly, Prez Trump's recent significant clemency work (basics here and here) has already engendered notable critical commentary. I have rounded up some pieces on that topic, though I am still looking for commentary actively supporting his latest grants. In addition,... Douglas A. Berman Clemency and Pardons Recommended reading Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper now available via SSRN authored by Seema Saifee. Here is its abstract: Scholars and reformers who aim to reduce reliance on incarceration offer different visions for how to... Douglas A. Berman Purposes of Punishment and Sentencing Who Sentences

As reported in this local article, "Oklahoma is now one of the states with the harshest penalties for child sex offenses after lawmakers paved the way for the death penalty for crimes against children." Here is more: Gov. Kevin Still... Douglas A. Berman Death Penalty Reforms Kennedy child rape case Sex Offender Sentencing Who Sentences