Sentencing Law & Policy

In this recent post reviewing the Supreme Court Term just completed, I suggested that Esteras v. United States, which addresses federal supervised release decision-making, could have significant practical impact over an important component of the federal criminal justice system. But... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision Sentences Reconsidered Who Sentences

The quoted portion of the title of this post is the headline of this effective Law360 piece reviewing an array of recent state law developments regarding LWOP punishments for younger offenders. I recommend the lengthy piece in full, and here... Douglas A. Berman Assessing Graham and its aftermath Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Surpeme Court released this lengthy order list this morning, and there are a number of items throughout the 32-page list that will be of interest to criminal law fans. For starters, we get a few GVRs based on the... Douglas A. Berman Who Sentences

This official webpage with links to the US Supreme Court's merits opinion for its October Term 2024 lists 66 opinions, though less than 60 are what I would categorize as full opinions. Based on my too-quick review and accounting of... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

While I was distracted by all the Supreme Court end-of-Term action, last week the US Sentencing Commission released its latest federal sentencing quarterly data report which is titled "2nd Quarter Release, Preliminary Fiscal Year 2025 Data Through March 31, 2025."... Douglas A. Berman Booker in district courts Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

The title of this post is the title of this new paper now available via SSRN authored by Jordan Blair Woods. Here is its abstract: Many cities, villages, and towns rely on fines, fees, and other monetary sanctions from traffic... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Offense Characteristics Who Sentences

The Supreme Court mostly wrapped up its docket for October Term 2024 this morning with a whole bunch of 6-3 rulings in civil cases sure to garner lots of attention. (I say "mostly" because there is likely to be a... Douglas A. Berman Apprendi / Blakely Retroactivity Blakely Commentary and News Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this article now available via SSRN and authored by Guerra Thompson Sandra and Samantha Medlin. Here is its abstract: Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Because I believe the Surpeme Court reached the right result in Hewitt this morning when interpretting the reach of a sentencing provision in the First Step Act (basics here), I suppose I should be content. But upon first read, I... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The Supreme Court this morning handed down a standing ruling in a capital case via Guitierrez v. Saenz, No. 23-7809 (S. Ct. June 26, 2025) (available here). The vote was 6-3, and here are the particulars of the votes of... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing

The Supreme Court this morning handed down its final big sentencing opinion of the Term with Hewitt v. United States, No. 23-1002 (S. Ct. June 26, 2025) (available here). The vote was 5-4, and here are the particulars of the... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this AP piece, the "longest-serving man on Mississippi’s death row was executed Wednesday, nearly five decades after he kidnapped and killed a bank loan officer’s wife in a violent ransom scheme." Here is more: Richard Gerald Jordan,... Douglas A. Berman Death Penalty Reforms

The question in the title of this post is prompted by this new article by Keith Humphreys in The Atlantic headlined "America’s Incarceration Rate Is About to Fall Off a Cliff." I recommend the article in full because there are... Douglas A. Berman Data on sentencing Scope of Imprisonment

Via email I reveiced news yesterday that the American Civil Liberties Union has released this new report on “death qualification” in capital cases titled "Fatal Flaws: Revealing the Racial and Religious Gerrymandering of the Capital Jury." Here is a portion... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

In this post a few months ago, I flagged not only the first issue of Volume 37 of the Federal Sentencing Reporter (titled "Booker at Twenty"), but also that FSR had a shiny new publisher, Duke University Press, as well... Douglas A. Berman Recommended reading Technocorrections

As reported in this AP article, a "man convicted of raping and killing a woman near a central Florida bar was executed Tuesday evening. Thomas Lee Gudinas, 51, was pronounced dead at 6:13 p.m. after receiving a lethal injection at... Douglas A. Berman Death Penalty Reforms Who Sentences

It has been a little while since I highlighted here posts from the Sentencing Matters Substack, though I hope readers are keeping up with (and are subscribed to) the SMS action that usually appears as long-form essays posted at least... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The question in the title of this post is prompted by this new Marijuana Moment article headlined "Letting Marijuana Users Have Guns Poses ‘A Clear Danger,’ Trump’s Solicitor General Tells Supreme Court." The article reviews much of the recent lower... Douglas A. Berman Drug Offense Sentencing Gun policy and sentencing Second Amendment issues Sentences Reconsidered Who Sentences

The title of this post is the title of this new article now available via SSRN authored by Renagh O'Leary. Here is its abstract: This Article describes and critiques a practice I call the ideological testing of criminal defendants. Ideological... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing

I likely should make even more of an effort to flag here the always great work done by the folks at The Marshall Project, and three new original pieces prompts me to do this quick round up. All three of... Douglas A. Berman Prisons and prisoners Sex Offender Sentencing