Sentencing Law & Policy

Earlier this month, the Bureau of Justice Statistics released this new report titled "Homicide Victimization in the United States, 2023." This full report runs 23 pages, and it is full of all sorts of notable data about homicides. Here is... Douglas A. Berman National and State Crime Data Offense Characteristics

The title of this post is the title of this new paper authored by William Berry III available via SSRN. Here is its abstract: A number of state appellate courts read any sentencing decisions by lower courts that are “within... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local article, "Tennessee has executed Oscar Franklin Smith, sentenced to death for the 1989 killings of his estranged wife Judith Robirds Smith and her two teenage sons, Chad Burnett and Jason Burnett, in Nashville." Here is... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The Supreme Court handed down a unanimous opinion (with three interesting concurrences) this morning in Kousisis v. US, No. 23–909 (S. Ct. May 22, 2025) (available here). Here is the accounting of the votes and opinon writing: BARRETT, J., delivered... Douglas A. Berman Offense Characteristics White-collar sentencing

Earlier this week, the US Sentencing Commission released a few more of its terrific "Quick Facts" publications. As regular readers know, I find so very interesting all the these short data documents, which are designed to "give readers basic facts... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Gun policy and sentencing Offense Characteristics Second Amendment issues

The title of this post is the title of this essay authored by Chad Flanders that I just saw on SSRN. Here is its abstract: Pardons and commutations are in theory compatible with the rule of law, if we see... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The US Supreme Court is likely to hand down opinions tomorrow, and it will continue to do so on a semi-regular basis over the next six weeks as it finishes up its work for its October Term 2024. Though a... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this AP article, "Larry Krasner has won Philadelphia’s Democratic primary election Tuesday to continue serving as district attorney after withstanding an impeachment attempt and years of criticism by President Donald Trump and other Republicans." Here is more:... Douglas A. Berman Elections and sentencing issues in political debates Who Sentences

As reported in this AP piece, a "Texas man was executed Tuesday evening, 13 years to the day of a convenience store robbery in which he set a clerk on fire in a Dallas suburb." Here is more: Matthew Lee... Douglas A. Berman Death Penalty Reforms

Stateline has this new article, headlined "Cash assistance may curb recidivism among people leaving prison, study says," reporting on encouraging early results from a notable recidivism reduction program. I recommend the full article and underlying study which are briefly described... Douglas A. Berman Reentry and community supervision

As reported in this press article, an "Indiana man convicted in the 2000 killing of a police officer was put to death by lethal injection early Tuesday in the state's second execution since 2009." Here is more: Benjamin Ritchie, 45,... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this new paper authored by Laura Appleman now available via SSRN. Here is its abstract: The intersection of eugenics and Progressive Era reform in the late 19th and early 20th centuries... Douglas A. Berman Purposes of Punishment and Sentencing Scope of Imprisonment

The Supreme Court issued this short order list this morning without adding adding any new cases to its merits docket via a certiorari grant. But there was a grant with a vacate and remand (GVR) in a criminal case from... Douglas A. Berman Gun policy and sentencing Offender Characteristics Second Amendment issues Sentences Reconsidered Who Sentences

Criminal justice reform has received relatively little attention over the first four months of the second Trump Administration. For that reason and others, I was quite intrigued to see that Fox News host Lara Trump devoted much of her "My... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation

The title of this post is the title of this new paper now available via SSRN and authored by Paul Robinson, Jeffrey Seaman and Hugh Rennie. Here is its abstract: The last several decades of the 20th century saw a... Douglas A. Berman Purposes of Punishment and Sentencing

As reported in this USA Today piece, "Florida has executed a man known as the 'Casanova Killer' for his good looks and ability to charm women just before murdering them." Here is more: Glen Edward Rogers, 62, was executed Thursday... Douglas A. Berman Death Penalty Reforms

The Supreme Court this morning handed down a short opinion in Barnes v. Felix, No. 23–1239 (S. Ct. May 15, 2025) (available here). The unanimous ruling, authored by Justice Kagan for the Court, breaks no new ground, but reiterates prior... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

As it does so well, US Sentencing Commission is continuing to release all sort of notable data on all sorts of issues in the federal sentencing world. For example, the Commission has released these new "Quick Facts" documents: NEW Career... Douglas A. Berman Data on sentencing Detailed sentencing data Drug Offense Sentencing Federal Sentencing Guidelines

Georgia's administration of capital punishment has long had a unique place in the history of the death penalty in the United States. But, as detailed in this local article, one unique aspect of its modern death penalty process changed this... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Who Sentences

In this post around Thanksgiving last year at the Sentencing Matters Substack, I made the case for chief executives to make more and more regular use of their clemency powers. And I had this musing in that commentary: "I think... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences