Sentencing Law & Policy

The title of this post is the title of this notable new paper authored by James Liebman and Anthony Amsterdam. Here is its abstract: Chevron deference is dead. The Court's forty-year, seventy-decision experiment with Article-III-court deference to "reasonable" agency interpretations... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The New York Times has this new extended article providing a lot of context (but not a lot of legal details) for the ballot measure coming before California voters to revise significantly a criminal justice reform proposition from a decade... Douglas A. Berman Elections and sentencing issues in political debates Offense Characteristics Who Sentences

The title of this post was the heading of an email I received this morning from the US Sentencing Commission, which came with this text and links: The U.S. Sentencing Commission has released its second of two interactive resources providing... Douglas A. Berman Prisons and prisoners Who Sentences

Because I am going to be on the road for much of the next few weeks, I am not sure about how much blogging time I will have. But I am sure I am hoping to catch up on some... Douglas A. Berman Recommended reading

There are, of course, so many political and policy elements to President Joe Biden's decision to end him campaign for re-election or, as he put it, "to stand down and to focus solely on fulfilling my duties as President for... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

A couple of busy weeks has meant I have not had time to flag some newsworthy and noteworthy sentencing and prison stories. So, making up for lost time, here is a small (and incomplete) round up of some stories catching... Douglas A. Berman Recommended reading

The day after Joe Biden was inaugurated, I authored this post posing this question in the title: "Anyone bold enough to make predictions about the federal prison population — which is now at 151,646 according to BOP?". That post highlighted... Douglas A. Berman Campaign 2024 and sentencing issues Criminal justice in the Biden Administration Criminal justice in the Obama Administration Criminal justice in the Trump Administration Who Sentences

As discussed in this post, a couple months ago, a split Ninth Circuit panel handed down a major Second Amendment ruling in US v. Duarte, No. 22-50048 (9th Cir. May 9, 2024) (available here), finding that the Supreme Court's Bruen... Douglas A. Berman Collateral consequences Offender Characteristics Offense Characteristics Second Amendment issues Who Sentences

As detailed in this AP article, a "man convicted of fatally shooting a delivery driver during a robbery attempt in 1998 was executed Thursday evening in Alabama. Keith Edmund Gavin was pronounced dead at 6:32 p.m. CDT following a chemical... Douglas A. Berman Death Penalty Reforms

As noted in this prior post, last year a split Fifth Circuit panel ruled in Hopkins v. Hosemann,, No. 19-60662 (5th Cir. Aug. 4, 2023) (available here), that Mississippi's disenfranchisement for life of persons with certain felony convictions "is unconstitutional... Douglas A. Berman Collateral consequences Sentences Reconsidered Who Sentences

The title of this post is the title of this recent article by Michael O'Hear posted a couple months ago to SSRN. Here is its abstract: The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Sentences Reconsidered Who Sentences

This new piece from Courthouse New Service provides a detail account of how the Supreme Court's recent Fischer ruling is impacting some January 6 riot prosecutions. The full headline provides the essentials: "DOJ begins dropping Capitol riot obstruction charges following... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered

The quesiton in the title of this post is drawn from the statement quoted above that serves as the headline of this lengthy new Reason piece. Here are excerpts: The Republican Party wants you to be afraid. Very, very afraid.... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

The ttile of this post is the title of this notable new Law360 commentary authored by Mark Allenbaugh, Doug Passon and Alan Ellis. The extended piece covers a lot of ground at the intersection of administrative law and the guidelines,... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

As reported in this AP article, the "U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The question in the title of this post is prompted by this news via Bloomberg Law: " US Senator Bob Menendez, the powerful New Jersey Democrat, was found guilty of corruption charges related to the FBI seizure of 13 gold... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines White-collar sentencing

The title of this post is the title of this notable forthcoming book authored by Paul Robinson, Jeffrey Seaman and Muhammad Sarahne. The authors have posted the front matter and Chapter 1 of the text here at SSRN, where one... Douglas A. Berman National and State Crime Data Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

A helpful colleague made sure I did not miss a notable new panel decision from the Fifth Circuit in US v. Jean, No. 23-40463 (5th Cir. July 15, 2024) (available here). The case concerns the long-simmering question of whether "changes... Douglas A. Berman Implementing retroactively new USSC crack guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Former President Donald Trump, in a post on Truth Social today, stated that he has "decided that the person best suited to assume the position of Vice President of the United States is Senator J.D. Vance of the Great State... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

I am not an expert or even knowledgeable concerning all the legal arguments that surround the appointment of special federal counsel to prosecute various notable persons under not-so-special federal criminal law. But I do know that former President Donald Trump... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences