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Updated: 1 hour 34 min ago
Mon, 12/09/2024 - 15:10
The title of this post is the title of this new paper now available via SSRN authored by Sally Evans and Peter Siminski. Here is its abstract: Climate change has stimulated growing interest in the influence of temperature on cognition,...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
Mon, 12/09/2024 - 11:32
This recent AP story, headlined "Florida prosecutor seeks to clear records of people charged with buying police-made crack in 1980s," highlights how remedies for unconstitutional convictions can often be a very long time in coming (if they come at all)....
Douglas A. Berman
Drug Offense Sentencing
Sentences Reconsidered
Who Sentences
Sun, 12/08/2024 - 11:18
Prez-Elect Donald Trump conducted a new interview during which, according to this NBC News piece, he discussed his pardon plans for January 6 defendants. Here is the start of the article: President-elect Donald Trump said he is looking to issue...
Douglas A. Berman
Clemency and Pardons
Sentences Reconsidered
Who Sentences
Sun, 12/08/2024 - 10:33
Law360 has this lengthy new piece, headlined "Veterans Courts Help Some, But Leave Many Others Behind," which provides an effective overview of veteran treatment courts and their limits. I recommend the piece in full, and here are excerpts: Veterans treatment...
Douglas A. Berman
Criminal Sentences Alternatives
Offender Characteristics
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
Sun, 12/08/2024 - 10:03
The Supreme Court on Friday arfternoon granted cert via this order list in two new matters. One case, Rivers v. Lumpkin, involves an issue of modern federal habeas procedure. Here is how this cert petition, filed on behalf of a...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
Sat, 12/07/2024 - 17:04
Politico has this new article providing another account of how Prez-Elect Donald Trump's Jan 6 pardon pledges are echoing through Jan 6 criminal cases. The full title of the piece captures its themes: "Judges push back as Trump’s return sparks...
Douglas A. Berman
Clemency and Pardons
Offense Characteristics
Sentences Reconsidered
Who Sentences
Sat, 12/07/2024 - 10:29
The title of this post is the title of this new paper authored by Joel Johnson now available via SSRN. Here is its abstract: There is a fundamental connection between the historic rule of lenity and the new major questions...
Douglas A. Berman
Offense Characteristics
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
Who Sentences
Fri, 12/06/2024 - 13:41
The question in the title of this post is promoted by this new piece from Lisel Petis over at R Street, which is titled "Move over progressive prosecutors, pragmatic prosecutors are the new 'it' thing." Though I have never been...
Douglas A. Berman
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
Who Sentences
Thu, 12/05/2024 - 21:55
A number of notable and mostly disheartening press pieces aabout prison realities caught my eye this week, and here is a round up: From the AP, "The US government is closing a women’s prison and other facilities after years of...
Douglas A. Berman
Prisons and prisoners
Thu, 12/05/2024 - 14:20
As reported in this CNN piece, a "federal judge on Thursday rejected a plea agreement between Boeing and the US government after the company said it would plead guilty to deceiving the Federal Aviation Administration ahead of two fatal 737...
Douglas A. Berman
Offense Characteristics
Procedure and Proof at Sentencing
Victims' Rights At Sentencing
Who Sentences
Thu, 12/05/2024 - 12:51
Via email yesterday afternoon, I received news of a number of new items coming from the US Sentencing Commission. Drawing text and links from the email, here are just some of items with a few links: Notice of Public Meeting...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
Wed, 12/04/2024 - 21:34
The title of this post is the title of this new paper authored by Julian Cook available via SSRN. Here is its abstract: Too often, the guilty plea hearing process practiced in our federal courts fails to adequately ensure the...
Douglas A. Berman
FIRST STEP Act and its implementation
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
Wed, 12/04/2024 - 13:35
In this post on Monday, I flagged a lot of early commentary focused on Prez Biden's decision Sunday night to pardon his son Hunter. There has been, unsurprisingly, continuing discussion of this pardon and its echoes. One theme to the...
Douglas A. Berman
Clemency and Pardons
Sentences Reconsidered
Who Sentences
Wed, 12/04/2024 - 12:34
The folks at Prison Policy Initiative have made an annual tradition of releasing a significant report looking forward to reform policy and politics in the new year. The latest variation, available here, is titled "Winnable criminal justice reforms in 2025,"...
Douglas A. Berman
Elections and sentencing issues in political debates
Wed, 12/04/2024 - 09:15
The title of this post is the title of this new book chapter authored by Mark White and available via SSRN. Here is its abstract: Philosophers of punishment have paid little attention to resource constraints, which have an undeniable impact...
Douglas A. Berman
Purposes of Punishment and Sentencing
Recommended reading
Tue, 12/03/2024 - 21:34
As reported in this AP article, Missouri this evening completed an execution of a man who sexually assaulted and strangled a 9-year-old girl in 2007. Here are some of the details: Rowan Ford knew Christopher Collings as “Uncle Chris” after...
Douglas A. Berman
Death Penalty Reforms
Tue, 12/03/2024 - 10:42
The title of this post is the title of this new paper authored by David Shapiro and Molly Bernstein available via SSRN. Here is its abstract: Properly understood, the “cruel or unusual” punishment clause of the Michigan Constitution grants every...
Douglas A. Berman
Procedure and Proof at Sentencing
Scope of Imprisonment
Sentences Reconsidered
Mon, 12/02/2024 - 18:31
I was inclined to wait a bit before doing a round up of commentary on Prez Biden's decision last night to pardon his son Hunter. (For the record, I suspect Prez Biden made the decision to pardon Hunter a long...
Douglas A. Berman
Clemency and Pardons
Who Sentences
Mon, 12/02/2024 - 17:47
Via email I received work of this this new briefing from the Prison Policy Initiative, completed in collaboration with the Jail Data Initiative, which offers broad data on jail admissions and populations. The full title of this briefing provides a...
Douglas A. Berman
Data on sentencing
Prisons and prisoners
Race, Class, and Gender
Scope of Imprisonment
Mon, 12/02/2024 - 12:31
My post title not only reflects my Ozian mood, but also my effort to get extra attention for this last banger post by Jonathan Wroblewski over at the Sentencing Matters substack. The post lurks under the sly simple query in...
Douglas A. Berman
Criminal justice in the Biden Administration
Criminal justice in the Trump Administration
Mandatory minimum sentencing statutes
Procedure and Proof at Sentencing
White-collar sentencing
Who Sentences
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