Sentencing Law & Policy

As reported in this CNBC article, "[f]ormer FTX executive Nishad Singh was sentenced to time served and three years of supervised release on Wednesday, becoming the fourth ex-employee of the collapsed crypto exchange to be punished. Singh was also ordered... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing White-collar sentencing

Bloomberg Law has this new article, headlined "Sentencing Commission Policy Power Faces Unusual Test on Appeal," previewing a notable oral argument in the Sixth Circuit scheduled this week to consider the US Ssentencing Guideline provision that permits some "changes in... Douglas A. Berman Federal Sentencing Guidelines FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

In this post a month ago, I asked "Is former Prez Trump going to release a new short list of possible Supreme Court nominees?". In that post, I noted that Trump's clever and consequential decision in May 2016 to release... Douglas A. Berman Campaign 2024 and sentencing issues Who Sentences

The Council on Criminal Justice today released this big new report from its Veterans Justice Commission titled "From Confinement to Community: Supporting Successful Veteran Reentry and Employment." This CCJ press releae about the report provide some context and overview: The... Douglas A. Berman Offender Characteristics Reentry and community supervision

The title of this post is the title of this new paper authored by Rosemary Ardman now available via SSRN. Here is its abstract: In May 2023, Florida authorized the death penalty for the sexual battery of a child under... Douglas A. Berman Death Penalty Reforms Offense Characteristics Sex Offender Sentencing

The title of this post is the title of this new article by multiple authors now published in the journal Aggression and Violent Behavior. Here is its abstract: Over several decades, a robust body of empirical evidence has developed concerning... Douglas A. Berman National and State Crime Data

I just saw this intriguing new YouGov report with all sort of polling data on a range of crime issues. The piece is titled "Crime: What 2024 voters want and which candidate they trust" and is worth a full read... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

The Death Penalty Information Center has this "New Analysis" titled "Death-Sentenced Prisoners ​'Volunteer' for Execution at Ten Times Civilian Suicide Rate." Here are some excerpts from the start of the lengthy piece: Derrick Dearman first told his mother that he... Douglas A. Berman Data on sentencing Death Penalty Reforms

Over at Slate, there are two new pieces about Donald Trump's clemency record when he was in the Oval Office. Because "weird" has apparently taken on talismanic meaning this election cycle, the headline of one piece uses that adjective to... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper now available via SSRN authored by E. Lea Johnston and Autumn Klein. Here is its abstract: Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding... Douglas A. Berman Criminal Sentences Alternatives Offender Characteristics Procedure and Proof at Sentencing Who Sentences

Unsurprisingly, the announcement last week by the Los Angeles DA that he will seek resentencing for the Menendez brothers has generated more media coverage and comment about the case and the brothers. Here is a partial round up of pieces... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new article authored by Sheldon Evans now available via SSRN. Here is its abstract: At its core, the criminal legal system is an ecosystem of institutions that seek to balance... Douglas A. Berman Purposes of Punishment and Sentencing

This new Trace article, headlined "A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t," provides a new accounting of Second Amendment cases since the Supreme Court transformed the applicable jurisprudence in its landmark 2022 Bruen... Douglas A. Berman Gun policy and sentencing Second Amendment issues Who Sentences

The title of this post is the title of this new article now available via SSRN and authored by Eric Freeman. Here is its abstract: Congress has the authority to abolish the death penalty in the states, and good reason... Douglas A. Berman Death Penalty Reforms Who Sentences

The Brennen Center for Justice today released this new "expert brief" seeking to make the case that there is "no clear relationship between pro-reform prosecutors and increased crime." Here is how the data-heavy report gets started (with links from the... Douglas A. Berman National and State Crime Data Who Sentences

In this post from a few weeks ago, I noted the notable activity focused on possible resentencing of the Menendez brothers, who were convicted and sentenced to LWOP in California for the brutal 1989 killing of their parents. As reported... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new article that I just saw in the latest issue of Lewis & Clark Law Review authored by Mark Cebert and Aliza Kaplan. Here is its abstract: In Oregon, executive... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

I flagged in this post last week just some of the fascinating data drawn from the Marshall Project's political survey of more than 50,000 people in 785 prisons and jails. I now see that this week there are these additional... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates

As reported in this Courthouse News Service piece, "Michael Avenatti, who gained notoriety while representing adult film actress Stormy Daniels in her legal dispute with then-President Donald Trump, earned a rare legal victory Wednesday when a Ninth Circuit panel threw... Douglas A. Berman Celebrity sentencings Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay now available via SSRN authored by Wayne Logan. Here is its abstract: The Supreme Court has long relied upon state legislative preferences when establishing federal constitutional norms. With... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences