Sentencing Law & Policy

This morning's Supreme Court orders list is quite short, but it is also sweet for one prisoner who is seeking damages from Louisiana prison official for a violation of his rights under the Religious Land Use and Institutionalized Persons Act.... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing

The US Sentencing Commission has recently published on this USSC webpage five short new documents as part of its helpful "Amendment in Brief" series. As explained on that page, "'Amendments In Brief' are short summaries, usually one to two pages,... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new article authored by William W. Berry III now available via SSRN. Here is its abstract: In January 2024, the state of Alabama executed Kenneth Smith with nitrogen gas. One... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms Sentences Reconsidered Who Sentences

In this post a couple months ago, I rounded up a lot of encouraging police data on homicide rates through the first quarter of 2025. As summer officially gets started, it seemed a good time to update some of these... Douglas A. Berman

The title of this post is the title of this new article authored by Michal Buchhandler-Raphael and available via SSRN. Here is its abstract: Undercharging, a common prosecutorial tactic, refers to the strategic pursuit of lesser charges than the law... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Who Sentences

The Supreme Court this morning handed down a notable sentencing opinion this morning in Esteras v. United States, No. 23-7483 (S. Ct. June 20, 2025) (available here). The vote as 7-2, and the opinion for the Court was authored by... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision

In what will be among its last few opinion days of October Term 2024, the US Supreme Court this morning released five opinions. The only criminal justice related case decided today involved a procedural issue for a prisoner's suit, as... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this Marijuana Moment article, the "governor of Colorado has announced a first-ever round of mass pardons for people with psilocybin-related convictions." Here is more: Just about two weeks after Gov. Jared Polis (D) signed a bill into... Douglas A. Berman Clemency and Pardons Data on sentencing Drug Offense Sentencing Who Sentences

In a ruling certain to be far less discussed that many other issued by the Supreme Court today, the Justices held by a 5-4 vote in Perttu v. Richards, No.23-1324 (S. Ct. June 18, 2025) (available here), that a prisoner... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Who Sentences

I just saw this morning this new one-page press release from the federal Bureau of Prisons titled "Bureau of Prisons Issues Directive to Fully Implement First Step Act and Second Chance Act." The release merits a full read, and here... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

I am pleased to see that the US Sentencing Commission is continuing to release new "Quick Facts" publications, today with a "special edition" focused on prison contraband. (Long-time readers know I cannot praise the USSC enough for producing these convenient... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Prisons and prisoners

The title of this post is the title of this new paper available via SSRN and authored by Nirej Sekhon. Here is its abstract: It is clear that American carceral policy is excessively harsh, but it is unclear how to... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Law360 has this lengthy new piece, headlined "Electronic Tablets Allow Inmates To Connect — With A Cost," which provides an interesting perspective on how a new technology is being used in prisons. I recommend the full piece, and here are... Douglas A. Berman Prisons and prisoners Technocorrections

As detailed in this press release, the "Council on Criminal Justice (CCJ), in partnership with RAND, today announced the launch of a national task force to develop standards and evidence-based recommendations for the integration and oversight of artificial intelligence (AI)... Douglas A. Berman AI in criminal justice systems Technocorrections Who Sentences

The title of this post is the title of this new article authored by Brandon Mordue now available via SSRN. Here is its abstract: The idea that one’s punishment should depend on the crime committed rather than which judge happens... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered

The New York Times has this notable new article about second-look sentencing reform efforts in the states. The full headline highlights the article's themes: "Prison Reform Left Women Behind. Then Prosecutors Stepped In. California passed the nation’s first prosecutor-initiated resentencing... Douglas A. Berman Offender Characteristics Prisons and prisoners Sentences Reconsidered Who Sentences

As reported in this AP piece, a "South Carolina man sent to death row twice for separate murders was put to death Friday by lethal injection in the state’s sixth execution in nine months. Stephen Stanko, 57, was pronounced dead... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms

The title of this post is the title of this new publication from The Sentencing Project. The report runs more than 30 pages and an extensive executive summary comprises the first three substantive pages, and here are ject a few... Douglas A. Berman Gun policy and sentencing Offender Characteristics

As reported in this local article, "convicted murderer has been executed in Oklahoma as a direct result of President Donald Trump's return to office. John Fitzgerald Hanson, 61, was pronounced dead at 10:11 a.m. Thursday, June 12, at the Oklahoma... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this new article authored by Alexandra Harrington now available via SSRN. Here is its abstract: This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences