Sentencing Law & Policy

The title of this post is the title of this upcoming event, the 2025 Matthew J. Ryan Law and Public Policy Forum, scheduled for next Friday and presented by the David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The organization Ohioans to Stop Executions this morning released this new report about capital punishment in Ohio titled "The Human Cost of the Death Penalty." Here is how the report's executive summary starts: In dollars and cents, the death penalty... Douglas A. Berman Death Penalty Reforms

The title of this post is the title of this new paper authored by Christina Miller and just posted on SSRN. Here is its abstract: Jill, living with addiction and arrested with heroin, appears before a judge the day after... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Who Sentences

I reported in this recent post that, on Friday afternoon, the US Sentencing Commission voted to promulgate a set of notable amendments to the US Sentencing Guidelines. I am still working my way through the substance of the amendments that... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The state of public defense often seems quite dire in settings where the Constitution ensures a right to counsel, even without even considering the wide and deep problems of unmet legal needs elsewhere in our criminal justice systems. These issue... Douglas A. Berman Criminal justice in the Trump Administration Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this notable recent Law360 piece that provides a great review of a program and research led by SDNY US District Judge Richard Berman that I reported on here a few years... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision Who Sentences

Late last week, Prez Trump named a new director for the federal prison system. The appointment has gotten lots of attention and press coverage in West Virgina, as noted in this local piece: President Donald Trump has named West Virginia... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners

The question in the title of this post is prompted by this notable new filing in the case of US v. Mangione, which is titled "Defendant Luigi Mangione’s Motion To Preclude The Government From Seeking The Death Penalty." The filing,... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

Late last week, a split Michigan Supreme Court ruled in People v. Taylor, No. 166428 (Mich. April 10, 2025) (available here), that "the application of a mandatory sentence of LWOP under MCL 750.316 to [two persons who committed murder when... Douglas A. Berman Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this newly pubished article authored by Lula Hagos that I just came accross online. Here is its abstract: Criminal restitution — the money paid by a defendant to a victim —... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Race, Class, and Gender

As reported in this Los Angeles Times article, headlined "Menendez brothers to get resentencing after D.A. fails in bid to stop it," yesterday brough a notable development in a notable state resentencing effort. Here are excerpts from a lengthy article:... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local piece, "At 6:01 p.m., in a crack of rifle shots, Mikal Mahdi was executed inside of the Broad River Road Correctional Institution in Columbia, South Carolina, on Friday." Here is more: Mahdi, who killed two... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

At a public hearing this afternoon, the US Sentencing Commission voted unanimously to advance a significant set of amendments to the federal sentencing guidelines. One major amendment is focused on guideline "simplification" by eliminating lots of "departures" from the guideline... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

For a host of reasons, I am very pleased and very excited to report on the online publication of the latest issue of the Federal Sentencing Reporter titled "Booker at Twenty." This blog got started just a month before the... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Recommended reading

The title of this post is the title of this article just posted to SSRN and authored by Alexandra L. Klein. Here is its abstract: In 2023, Florida passed a law permitting the imposition of the death penalty for the... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

A helpdul colleague made sure I saw this new ProPublica piece looking at Louisiana's new parole law and practices. I would recommend the lengthy piece in full, with its themes previews by this headline: "An Algorithm Deemed This Nearly Blind... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Technocorrections Who Sentences

As detailed in this press release, the "United States Sentencing Commission announced this week the formation of a Sentence Impact Advisory Group (SIAG) and an ad hoc Research and Data Practices Advisory Group (RDPAG) with the objectives of strengthening, modernizing,... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this article/book review authored by Jeffrey Bellin and I. Bennett Capers and recently posted to SSRN. Here is its abstract: The war on drugs is widely viewed as a policy failure.... Douglas A. Berman Drug Offense Sentencing Who Sentences

As reported in this AP article, a "Florida man convicted of killing a Miami Herald employee who was abducted on her lunch break was executed Tuesday evening." Here is more: Michael Tanzi was pronounced dead at 6:12 p.m. following a... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The question in the title of this post is prompted by this new Bloomberg Law podcast titled "Trump Gets Millions in Pro Bono Work, But Details Still Fuzzy." Here is the set up to the discussion: Law firms are striking... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners Who Sentences