Sentencing Law & Policy

The quoted portion of this post title is the title of this new briefing published by the Prison Policy authored by Eric Seligman and Brian Nam-Sonenstein. Here is how the discussion starts: Money is power in the United States, and... Douglas A. Berman Collateral consequences Race, Class, and Gender Scope of Imprisonment

As reported in this new AP piece, the "South Carolina Supreme Court won't allow another execution in the state until it determines a minimum amount of time between sending inmates to the death chamber." Here is more: The state's next... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this interesting new YouGov entry discussing its latest polling regarding various all sorts of aspects of the use and reach of the federal clemency power. There are a number of notable... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The Ninth Circuit handed down a notable little opinion late last week in US v. Trumbull, No. 23-912 (9th Cir. Aug. 22, 2024) (available here), discussing whether the federal sentencing guidelines' commentary regarding the "definition of 'large capacity magazine' Warrants... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

Walter Pavlo has this interesting new commentary in Forbes looking at the federal prison system, headlined "The High Price Of Minimum Security Federal Prisoners." I recommend this piece in full, and here are excerpts: There are four security levels in... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

A panel of the Sixth Circuit handed down an interesting and intricate opinion in US v. Williams, No. 23-6115 (6th Cir. Aug. 23 , 2024) (available here), which rejects a Second Amendment challenge to a federal illegal gun possession charge... Douglas A. Berman Gun policy and sentencing Offender Characteristics Offense Characteristics Second Amendment issues Who Sentences

The title of this post is the title of this new briefing from Prison Policy Initiative authored by Emmett Sanders. The subtitle of the discussion highlights its main themes: "Louisiana lawmakers are eliminating discretionary parole and implementing regressive truth-in-sentencing laws.... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Scope of Imprisonment Sentences Reconsidered State Sentencing Guidelines Who Sentences

Politico has this informative new piece, headlined "Justice Department signals plan to salvage obstruction charges in some Jan. 6 cases," which details some of the echoes of the Supreme Court's Fischer ruling a couple of months ago. I recommend the... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new paper authored by Alexandra Giannidi available via SSRN. Here is its abstract: Although punishment theories have overall been slow to incorporate the move towards victims’ rights, Braithwaite & Pettit’s... Douglas A. Berman Purposes of Punishment and Sentencing Victims' Rights At Sentencing

This new Daily Signal article, headlined "Trump Pledges Death Penalty for Criminal Illegal Aliens Found Guilty of ‘Child or Woman Sex Trafficking’," reports on some of the sentencing comments today of former Prez Donald Trump when he was speaking at... Douglas A. Berman Campaign 2024 and sentencing issues Death Penalty Reforms

The title of this post is the title of this new paper available via SSRN authored by Ronald Wright and Kay Levine. Here is its abstract: Recent legislation, exemplified in statutes from California and Washington, creates new methods for resentencing... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

HuffPost has this notable new piece noting a notable new shift in one party's platform on a notable old punishment. The piece headlined "Democrats Scrub Death Penalty Opposition From Campaign Platform: For the first time in more than a decade,... Douglas A. Berman Campaign 2024 and sentencing issues Death Penalty Reforms Who Sentences

A lengthy new opinion by a Third Circuit panel in Kalu v. Spaulding, No. 23-1103 (3d Cir. Aug. 21, 2024) (available here), covers a lot of notable federal prison law and federal prison realities. Here is how the opinion for... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing

I have not closely followed the legal sagas that have surrounded the website Backpage, which was the huge classified advertising website shut down and seized by federal law enforcement in April 2018. But next week the Backpage saga has a... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sex Offender Sentencing White-collar sentencing

The title of this post is the title of this new article authored by Gregory Antill available via SSRN. Here is its abstract: It is a foundational assumption of the traditional mens rea hierarchy that the commission of intentional harm... Douglas A. Berman Offense Characteristics Purposes of Punishment and Sentencing

The New York Times has this new piece, headlined "Prosecutors to Face Off Over Innocence Claim by Prisoner on Death Row," reporting on the people behind a notable legal fight surrounding a defendant scheduled to be executed by the state... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

I was pleased to see today that the Brennan Center for Justice released this short new "analysis" on the First Step Act titled "Analyzing the First Step Act’s Impact on Criminal Justice." Though I was hoping that the piece might... Douglas A. Berman Data on sentencing FIRST STEP Act and its implementation Who Sentences

I generally do not keep up with international crime and punishment stories, but this new story and headline from across the pond caught my eye: "Union warns of probation officer shortage ahead of prisoners’ early releases; Up to 2,000 offenders... Douglas A. Berman Prisons and prisoners Scope of Imprisonment Sentencing around the world

The title of this post is the title of this new article posted to SSRN authored by Stevie Leahy. Here is its abstract: This article explores the disparities in juvenile sentencing across the United States, with a focus on the... Douglas A. Berman Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Who Sentences

The remearkable saga of former US Congressman George Santos closed one chapter in the same manner as many federal criminal prosecutions, namely with a guilty plea to a few of many charged counts. But what sentence should shape the next... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines White-collar sentencing