Sentencing Law & Policy

The title of this post is the title of this new article now available via SSRN and authored by Paul Larkin. Here is its abstract: The failure of the Oregon Drug Addiction Treatment and Recovery Act of 2020 to achieve... Douglas A. Berman Drug Offense Sentencing Who Sentences

Regularly readers are perhaps used to seeing irregular references here to some of my thinking about originalism and criminal justice topics. This week over at the Sentencing Matters Substack, I mused on these topics a bit. Here is the the... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

A helpful reader alerted my to the formal publication of this new article in the latest issue of the Stanford Journal of Civil Rights & Civil Liberties that share the title of this post as is authored by Wayne Logan.... Douglas A. Berman Collateral consequences Criminal Sentences Alternatives Sex Offender Sentencing

The US Supreme Court released this order list this morning with a few cert grants. The grants concerning challenges to actions by the EPA are likely to get a lot more attention than the one criminal case grant. But sentencing... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

As we head into the final homestretch this election season, I have posted on a few topics related to Election 2024 ranging from felon disenfranchisement (here and here) to the political perspective of incarcerated persons (here) to the ACLU's take... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

I have noted in prior posts the development and launch of a new crime data resource, the Real-Time Crime Index. Late last week, I recevied this email about the latest crime data from this resource (and the email also discusses... Douglas A. Berman National and State Crime Data

The title of this post is the title of this new Law360 essay authored by Bridgette Stumpf. Here are some excerpts: The Crime Victims' Rights Act, passed in 2004, was intended to require actors in the criminal legal system to... Douglas A. Berman Procedure and Proof at Sentencing Victims' Rights At Sentencing Who Sentences

Ian Millhiser has this interesting new Vox piece discussing the oft-relisted Supreme Court case of Hamm v. Smith under the headline "The strange case that the Supreme Court keeps refusing to decide: A mysterious Supreme Court case could change everything... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

This local article, headlined "In stunning move, Texas Supreme Court halts Robert Roberson execution in 'shaken baby' case," provides an effective review (with links) of the legal drama yesterday that ultimately halted a closely watched execution date. Here are just... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local article, "Alabama executed Derrick Dearman Thursday evening by lethal injection for the brutal killings of five members of his then-girlfriend’s family in Mobile County in 2016. It was the state’s second execution in a span... Douglas A. Berman Death Penalty Reforms

The US Sentencing Commission today released a number of notable new data runs. Here is how the data is decribed via the email I received this afternoon: Preliminary FY24 Compassionate Release Data Report (October 17, 2024) This data report provides... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Who Sentences

Cristian Farias has this terrific new essay at Inquest titled "Playing with Originalism: Should advocates looking to unwind our nation’s punitive excesses engage a Supreme Court that set them in motion?". This essay covers a lot of topics and ideas... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading Who Sentences

The Marshall Project has released this new article, headlined "'Trump Remains Very Popular Here': We Surveyed 54,000 People Behind Bars About the Election," reporting the results of their sizeable survey of incarcerated persons. I recommend the article in full in... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Prisons and prisoners Who Sentences

The title of this post is the title of this new article authored by Ben McJunkin now available via SSRN. Here is its abstract: Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping... Douglas A. Berman Offense Characteristics Sentences Reconsidered Who Sentences

I was struck by these notably distinct headlines and subheadlines from USA Today about two executions scheduled for tomorrow in Alabama and Texas: "'I am guilty:' Alabama inmate Derrick Dearman asks for death sentence to be carried out: Dearman says... Douglas A. Berman Death Penalty Reforms

As report in this NBC News article, the "Nebraska Supreme Court ruled that convicted felons who served their sentences are allowed to vote, after the state's top election official sought to keep them from casting ballots ahead of the Nov.... Douglas A. Berman Collateral consequences Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new article authored by Sharon Dolovich now available via SSRN. Here is its abstract: Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially... Douglas A. Berman Prisons and prisoners Who Sentences

Writing for the Prison Policy Initiative, Emily Widra has this notable new report titled "One Size Fits None: How ‘standard conditions’ of probation set people up to fail." The report's extended subtitle summarizes its coverage: "Courts and probation agencies impose... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Reentry and community supervision Sentences Reconsidered Who Sentences

The Supreme Court formally entered its second week of its new term, October Term 2024, with this order list mostly defined by a long list of cert denials. The order list begins with two new G(ranted), V(acated), R(emanded) cases perhaps... Douglas A. Berman Sentences Reconsidered Who Sentences

The title of this post is the title of this new article by Michael O'Hear and Darren Wheelock now available via SSRN. Here is its abstract: Even the most serious criminal cases are often resolved through plea bargaining, with potentially... Douglas A. Berman Data on sentencing Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences