Sentencing Law & Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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