Sentencing Law & Policy

The question in the title of this post is the title of this new essay authored by Youngjae Lee and now available via SSRN. Here is its abstract: This Essay argues that prison abolitionism is self-defeating in three ways. First,... Douglas A. Berman Prisons and prisoners Purposes of Punishment and Sentencing

The Supreme Court heard oral argument today in Thompson v. US, which has the potential to be a major white-collar criminal case because it could narow (or expand) how federal criminal law defines a "false statement." But this review of... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The day after Donald Trump was elected to serve a second term in the Oval Office, I asked in this post "How might Prez-Elect Trump operationalize his promise to pardon January 6 defendants?". Though a number of press outlets have... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As set out in this prior post, this month I am curating a series of posts with reflections on "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. Today's entry comes... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Data on sentencing

When the US Sentencing Commission's promulgated a set of proposed guideline amendments last month (details here), it also indicated in a press release that more proposed amendments might be in the works. Specifically, here were the words then of USSC... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The Supreme Court heard oral argument in Hewitt (et al.) v. U.S. to consider this formal question: "Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the FSA’s enactment when that original sentence is... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this essay authored by Barry Latzer available via SSRN. Here is its abstract: A recent report on reincarceration by the Council of State Governments Justice Center (CSG) seems to challenge prevailing... Douglas A. Berman Data on sentencing National and State Crime Data Offense Characteristics Reentry and community supervision

As set out in this prior post, I have started a series of posts here on the topic of "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. A few FSR... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this recent New York Law Journal essay by Paul Shechtman. The piece merits a full read, as it highlights recent developments on acquitted conduct sentencing and various aspects of the new... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

As noted in this prior post, I have started a series of posts here on the topic of "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. Helpfully, a few FSR... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Data on sentencing Detailed sentencing data Who Sentences

I have just finished listening to today's hearing as part of the state court sentencing in Trump v. New York, at the end of which he received the expected sentence of "unconditional discharge." The event was full of interesting elements... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

Via this order, the Supreme Court this afternoon turned back Prez-Elect Donald Trump's motion to stay his state court sentencing in Trump v. New York. The Court was divided 5-4, and her is the full order: The application for stay... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Just over nine months ago via this post, I set out a call for papers as part of plans to produce a new Federal Sentencing Reporter issue on "Booker at 20." That post noted it was way back in January... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Booker in the Circuits

The title of this post is the title of this new article authored by William Berry III now available via SSRN. Here is its abstract: The United States Supreme Court has applied the Eighth Amendment in two ways with respect... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Anyone and everyone following Second Amendment litigation since the Supreme Court's landmark Bruen ruling knows that it is not a question of whether, but just a matter of when, the Justices will take up challenges to various federal criminal gun... Douglas A. Berman Gun policy and sentencing Offender Characteristics Offense Characteristics Second Amendment issues Who Sentences

The Sentencing Project has long provided the most extensive coverage and data on life sentences in the US, and its latest major report on this front was released today under the title "A Matter of Life: The Scope and Impact... Douglas A. Berman Data on sentencing Detailed sentencing data Prisons and prisoners Scope of Imprisonment

The question in the title of this post is the subtitle of this new Harper's Magazine article titled "The Forever Cure." Here is an excerpt: As a wave of civil-commitment laws passed in the Nineties and Aughts, many critics questioned... Douglas A. Berman Criminal Sentences Alternatives Purposes of Punishment and Sentencing Sex Offender Sentencing

Business Insider has recently published a series of pieces focused on prison Eighth Amendment lawsuits. The full title of this leading piece provide a summary of its findings and themes: "The gutting of the Eighth Amendment: When less than 1%... Douglas A. Berman Prisons and prisoners

The title of this post is the title of this new paper now available via SSRN authored by Olwyn Conway. Here is its abstract: Restorative justice is a means of responding to harm — including criminal offenses — through active... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

As reported in this notable new NBC News piece, "[t]wo prisoners who are among the 37 federal inmates whose death sentences were commuted last month by President Joe Biden — a move that spares them from the death chamber —... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences