Sentencing Law & Policy

As reported in this AP article, an "Alabama man who dropped his appeals and said he deserved to die for a 2010 rape and murder was executed Thursday evening, using his final words to apologize to the woman he killed."... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

As reported in this AP piece, "[d]isgraced former U.S. Rep. George Santos, who lied about his life story and defrauded donors, was sentenced Friday to over seven years in prison, sobbing as he heard his punishment." Here is more: Santos,... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Offender Characteristics White-collar sentencing Who Sentences

As reported in this AP article, "President Donald Trump has pardoned a Nevada Republican politician who was awaiting sentencing on federal charges that she used money meant for a statue honoring a slain police officer for personal costs, including plastic... Douglas A. Berman Clemency and Pardons Sentences Reconsidered White-collar sentencing Who Sentences

The title of this post is the title of this new article authored by Jonah Horwitz which is now available on SSRN (and is forthcoming in the Federal Sentencing Reporter). Here is its abstract: During his first term, President Trump... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Criminal justice in the Trump Administration Death Penalty Reforms Sentences Reconsidered Who Sentences

I noted in this post back in October that a Sixth Circuit panel heard oral argument to consider its precedent limiting grounds for compassionate release in light of the US Sentencing Commission guideline amendment allowing some "changes in the law"... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local article, "Death row inmate Moises Mendoza was executed Wednesday for the murder of a former high school classmate in 2004, becoming the third man executed by Texas this year." Here is more: Mendoza, 41, was... Douglas A. Berman Death Penalty Reforms

A helpful colleague made sure I saw this new article published recently in the latest issue of the ABA magazine Litigation authored by former US District Judge Maek Bennett. Judge Bennett's opinions and articles on various federal sentencing topics have... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

In this post last August, I pondered "what sentence for former US Rep George Santos after his plea to fraud and identity theft?". And in this post a couple of weeks ago, I reported on and linked to dueling sentencing... Douglas A. Berman Booker in district courts Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

I flagged last week that this coming Friday (April 25) brings this exciting and distinctive event for sentencing fans titled "Criminal Sentencing Colloquium: Developments in Civilian and Military Law" at the Villanova University Charles Widger School of Law. I am... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new article authored by Colleen Berryessa now available via SSRN. Here is its abstract: Feelings of social and moral outrage, including moral panic, toward those who commit drug crimes have... Douglas A. Berman Drug Offense Sentencing Who Sentences

Almost exactly one year ago (as noted in this post), the US Sentencing Commission voted to amend the US Sentencing Guidelines to "exclude federally acquitted conduct from the scope of relevant conduct considered under the sentencing guidelines, while not abrogating... Douglas A. Berman Data on sentencing Federal Sentencing Guidelines Offense Characteristics Procedure and Proof at Sentencing Who Sentences

A particular large prison in a small country just to the south of the United States has generated a whole lot of news and commentary in recent weeks. While many others continue to cover that story robustly, I figured I... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

The title of this post is the title of this new article authored by Eric Fish now available via SSRN. Here is its abstract: The federal government has created a separate and unequal sentencing system for undocumented immigrants. Over a... Douglas A. Berman Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Who Sentences

I have done a couple of 2025 posts (here and here and linked below) drawing on big city "real time" homicide data from police departments to make the case that a remarkable decline in murders seems to be unfolding in... Douglas A. Berman National and State Crime Data

Regular readers know that I consider Bolts as must-read for many reasons, and particularly for its effective coverage of a range of state and local criminal justice issues. In the last couple weeks, Bolts has covered notable sentencing stories involving... Douglas A. Berman Assessing Miller and its aftermath Clemency and Pardons Sentences Reconsidered Who Sentences

Earlier this week, the US Sentencing Commission released its latest quarterly data report, which sets forth "Preliminary Fiscal Year 2025 Data Through December 31, 2024." Among other possible takeaways, I find notable in this latest accounting how (statistically) stable the... Douglas A. Berman Criminal justice in the Biden Administration Criminal justice in the Trump Administration Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

The title of this post is the title of this new article authored by Edward Rubin available via SSRN. Here is its abstract: The concept of mercy is often proposed as an antidote to the punitive excesses of our current... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

In this post way back in 2005 just over a week after the Supreme Court's Booker ruling, I summarized a message sent out to federal district judges as saying "Always remember to show your work." That long-ago post came to... Douglas A. Berman Booker in district courts Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by R. George Wright and now available via SSRN. Here is its abstract: More than three generations ago, the Supreme Court took Eighth Amendment jurisprudence on a... Douglas A. Berman Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

In this post a couple months ago, I flagged some "real-time" police data showing positive early 2025 homicide trends in some big cities. I cautioned at that time that it was way too early into 2025 to assume that the... Douglas A. Berman National and State Crime Data