Sentencing Law & Policy

As the start of this year, Stateline has this article about criminal justice staffing shortages headlined "Shortage of prosecutors, judges leads to widespread court backlogs: The pandemic worsened problems that already had caused state and local court delays." That article... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new paper now available on SSRN authored by Brenner Fissell. Here is its abstract: The most contentious action taken by reform prosecu­tors has been the issuance of categorical declination policies.... Douglas A. Berman Offense Characteristics Purposes of Punishment and Sentencing Who Sentences

I flagged here last month that a flourish of executions in multiple states had been scheduled over just a week, and all five of those executions were ultimately carried out. I now see from this Death Penalty Information Center page... Douglas A. Berman Data on sentencing Death Penalty Reforms Who Sentences

This new AP article reports on an interesting claim brough by a condemned inmate in South Carolina. Here are the details: A South Carolina inmate scheduled to be executed in just over three weeks is asking a federal judge to... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

This week the New York Times published this lengthy article, headlined "Will Trump Get Jail Time? We Looked at Similar Cases to Find Out," while provides some statistical context regarding sentences in New York for the crimes that Donald Trump... Douglas A. Berman Celebrity sentencings Data on sentencing White-collar sentencing

Over the last month, I have noticed and blogged about a number of notable recent sentencing stories involving aninals (see links to prior posts below). I am not sure if I should keep blogging in this genre, but I am... Douglas A. Berman Offense Characteristics

The Sentencing Project has this timely new report on felon disenfranchisement. Here is the text of the report's "Overview": Laws in 48 U.S. states ban people with felony convictions from voting. In 2024, an estimated 4 million Americans, representing 1.7%... Douglas A. Berman Collateral consequences Data on sentencing Race, Class, and Gender

Supreme Court watchers who know the current Justices' patterns, especially in capital cases, would have expected Justices Barrett and Kavanaugh to be likely key swing votes in the Glossip case argued today (previewed here). This round-up of some press accounts... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this book chapter authored by Adam Kolber (for this forthcoming book on the philosophy of punishment), which was recently posted to SSRN. Here is its abstract: If punishment is ever morally... Douglas A. Berman Purposes of Punishment and Sentencing

As reported in this local article, the Pennsylvania Supreme Court yesterday heard oral arguments in a case challenging the state's mandatory life without parole sentencing scheme for all defendants convicted of second degree felony murder. Here is a snippet from... Douglas A. Berman Mandatory minimum sentencing statutes Offender Characteristics Offense Characteristics Prisons and prisoners Scope of Imprisonment Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay authored by Paul Cassell recently posted to SSRN. Here is its abstract: What role should mercy play in the criminal justice system? While several of the other symposium’s... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

The Council on Criminal Justice today released this notable report put together following a summer convening of researchers and various stakeholdersto discuss the potential and pitfalls of artificial intelligence for criminal justice systems. Here is part of the report's introduction:... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections

Emily Widra writing at the Prison Policy Initiative has this lengthy new briefing titled "New, expanded data on Indian country jails show concerning trends extend to tribal lands." The subheading of the piece provides an overview: "In Indian country jails,... Douglas A. Berman Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

Richard Glossip already has a significant Supreme Court ruling associated with his name; nearly a decade ago, SCOTUS considered and then rejected his Eighth Amendment challenge to Oklahoma's lethal injection protocol. In addition, as the start of this AP article... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Lynn Branham now available via SSRN. Here is its abstract: The Model Penal Code: Sentencing (MPCS) represents a missed opportunity to make restorative justice a foundational... Douglas A. Berman Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

Though California’s Proposition 36, the "Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative," is arguably the biggest 2024 sentencing-related ballot initiative (discussed here), voters in Colorado also have a notable sentencing-related initiative to consider this fall. Proposition 128 in... Douglas A. Berman Prisons and prisoners Scope of Imprisonment State Sentencing Guidelines Who Sentences

The Supreme Court formally kicks off its new term, October Term 2024, with oral arguments in two cases this morning. But its first official product of OT 2024 is this 50-page order list with more cert denials than I can... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As detailed in this official announcement released Friday afternoon by the Federal Bureau of Prisons, the BOP "is introducing several important updates to its phone call policies and time credit systems, reflecting its commitment to improving the well-being of Adults... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

The title of this post is the title of this essay authored by Douglas Husak recently posted to SSRN. Here is its abstract: I present the following challenge to retributivists (including myself). I stipulate that retributivism is the claim that... Douglas A. Berman Purposes of Punishment and Sentencing

The US Supreme Court's new season, known as October Term 2024, officially gets started on Monday with oral arguments in two cases raising technical procedural issues. But, for SCOTUS watchers, today feels like openning day because the Justices this morning... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences