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Lots of notable execution news and notes around the US

Thu, 03/13/2025 - 09:16
With a notable number of new executions scheduled, and notable new execution methods being utilized or considered in a number of states, the application of capital punishment in the United States is generating even more than its usual number of... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

"'Something Works' in U.S. Jails: Misconduct and Recidivism Effects of the IGNITE Program"

Wed, 03/12/2025 - 14:37
The title of this post is the title of this notable new empirical paper, recently published in The Quarterly Journal of Economics, authored by Marcella Alsan, Arkey Barnett, Peter Hull and Crystal Yang. (Hat tip to Probable Causation, the podcast... Douglas A. Berman Prisons and prisoners Reentry and community supervision

Judge Rakoff asserts USSG § 3E1.1(b) is "effectively an unconstitutional penalty" on Sixth Amendment trial rights

Wed, 03/12/2025 - 12:40
A helpful colleague made sure I saw the notable new opinion handed down earlier this week by SDNY Judge Jed Rakoff in US v. Tavberidze, No. 23-cr-585-03 (SDNY Mar. 10, 2025) (available here). Long-time readers likely know that Judge Rakoff... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

And the federal pardon news and intrigue keeps going on and on

Tue, 03/11/2025 - 23:36
It has become somewhat more common in recent times for a president to make considerable clemency news in his final few months in office. But Prez Trump continues to make lots of clemency headlines in his first few months in... Douglas A. Berman Clemency and Pardons White-collar sentencing Who Sentences

US Sentencing Commission to start extended hearings more proposed drug and supervised release amendments

Tue, 03/11/2025 - 20:59
As detailed on this page on the its website, the US Sentencing Commission has a public hearing scheduled "for Wednesday, March 12 and Thursday, March 13, 2025 tentatively beginning at 9:00 a.m. (EDT) on both days ... to receive testimony... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

Federal judge temporarily halts Louisiana's plans to conduct execution by nitrogen gas

Tue, 03/11/2025 - 20:13
As reported in this NBC News piece, a "federal judge on Tuesday temporarily blocked Louisiana's first execution in 15 years after lawyers for the condemned man argued a new method known as nitrogen hypoxia would violate his constitutional rights." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

A bit early, Prison Policy Initiative releases flagship report, now "Mass Incarceration: The Whole Pie 2025"

Tue, 03/11/2025 - 15:58
I believe the folks at the Prison Policy Initiative typically wait until "pi day" (3/14) to release their annual amazing "pie" graphic and associated report on US incarceration realities. But this year, we all get to consume this data pie... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

Notable accounting and accounts of Prez Biden's last mass commutations and their implementation

Mon, 03/10/2025 - 21:33
Law360 has this interesting new and lengthy article about how Prez Biden's mass clemency of drug offenses in his final few days of office have been playing out. The piece is headlined "For Many Biden Clemency Grantees, Freedom Is On... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

New Los Angeles DA asks to withdraw prior DA's motion for resentencing in Menedez brothers' case

Mon, 03/10/2025 - 14:22
As reported in this ABC News piece, "Los Angeles County District Attorney Nathan Hochman said Monday he's asking the court to withdraw the previous district attorney's motion for resentencing for Lyle and Erik Menendez, calling the brothers' claims of self-defense... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

"Participatory Expungement"

Mon, 03/10/2025 - 14:04
The title of this post is the title of this paper authored by Brian Murray recently posted to SSRN. Here is its abstract: Most jurisdictions that permit expungement draw the line at certain crimes — usually those implicating one or... Douglas A. Berman Collateral consequences Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

"Three Justices and a Fatal Mistake"

Mon, 03/10/2025 - 10:45
The title of this post is the headline of this notable new Washington Monthly piece. The piece's subtitle reveals more clearly what the author, Cliff Sloan, is discussing and his driving perspective: "Lewis Powell, Harry Blackmun, and John Paul Stevens... Douglas A. Berman Death Penalty Reforms Who Sentences

Noting positive results from notable prosecutor-initiated resentencing program in California

Sun, 03/09/2025 - 16:36
Regular readers know I am a big fan of second-look sentencing mechanisms, which I have been writing about in various ways in various fora for many years. Here are a couple of posts I authored last year at the Sentencing... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Not long after appointment of "pardon czar," Trump Administration fires Justice Department's Pardon Attorney

Sun, 03/09/2025 - 11:43
In a couple of recent posts (here and here) since Prez Trump's announcement that Alice Marie Johnson will serve as his "pardon czar"(see prior posts here and here), I have wondered aloud about how the work of the Justice Department's... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

South Carolina completes first firing squad execution in US in 15 years

Sat, 03/08/2025 - 12:14
As reported in this AP piece, a "South Carolina man who killed his ex-girlfriend’s parents with a baseball bat was executed by firing squad Friday, the first U.S. prisoner in 15 years to die by that method, which he saw... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Who Sentences

Noting the dynamic state of death penalty debate in red states

Fri, 03/07/2025 - 16:07
This new lengthy Stateline article, imperfectly headlined "Trump’s death penalty push faces resistance in some red states," highlights a lot of recent state capital punishment developments. I recommend the whole piece, and here are excerpts: In an executive order he... Douglas A. Berman Death Penalty Reforms Who Sentences

Adnan Syed, of "Serial" fame, gets relief from a sentence reduction under Maryland's Juvenile Restoration Act

Thu, 03/06/2025 - 22:57
I find second-look sentencing provisions so interesting and important because so much can happen after a lengthy sentence is imposed that can justify taking a second look at that sentence. This reality was on full display in a second-look sentencing... Douglas A. Berman Celebrity sentencings Sentences Reconsidered

Justice Jackson expresses interest in seeing fraud sentencing guidelines "revisited"

Thu, 03/06/2025 - 22:28
This new Reuters article discusses (too) briefly Justice Jackson's comments today about the federal sentencing guidelines at the ABA's White Collar Crime Institute: U.S. Supreme Court Justice Ketanji Brown Jackson said on Thursday she would support revisiting sentencing guidelines for... Douglas A. Berman Federal Sentencing Guidelines White-collar sentencing

Seeking Smack down, new cert petition assails "minimal indicia of reliability" standard at sentencing

Thu, 03/06/2025 - 14:23
In this post more than seven years ago, I flagged a decision by the Supreme Court of Delaware, Smack v. Delaware, No. 601 (Del. Oct. 11, 2017) (available here), in which the court rules that a sentencing judge complied with... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

US Sentencing Commission releases new report on "Overdoses in Federal Drug Trafficking Crimes"

Thu, 03/06/2025 - 10:45
As detailed on this webpage, the US Sentencing Commission has today released a notable new study analyzing federal drug trafficking offenses that involved an overdose. Here is how the report is summarized on that page: "The Commission’s research report Overdoses... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Offense Characteristics

On eve of scheduled firing squad execution, notable coverage and commentary on execution methods

Thu, 03/06/2025 - 10:06
Brad Sigmon, who a quarter century ago murdered his ex-girlfriend’s parents, chose to be executed by firing squad rather than via the two other methods available in South Carolina, the electric chair and lethal injection. This execution is scheduled for... Douglas A. Berman Death Penalty Reforms Who Sentences

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