Sentencing Law & Policy

As detailed in this official notice, the United States Sentencing Commission is scheduled this morning to begin a public hearing "for the Commission to gather testimony from invited witnesses concerning whether to designate as retroactive certain 2024 guideline amendments relating... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

In this post from last month, I highlighted that the Drug Enforcement and Policy Center at The Ohio State University had started releasing episodes from Season Two of the "Drugs on the Docket" podcast. (All of the first season's episodes... Douglas A. Berman Drug Offense Sentencing Sentences Reconsidered Who Sentences

This past week I saw a notable policy document from the Justice Action Network, titled "Federal Criminal Justice Reform: Options For Policymakers 2025-2029." This 28-page document aspires to serve "as a guide for actionable policies, with bipartisan support, that will... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Purposes of Punishment and Sentencing Reentry and community supervision Who Sentences

Almost exactly eight years ago today, I posted here under the title "Scouting Mike Pence on criminal justice: likely Trump VP pick with notably mixed reform record." Sixth month later, after Mike Pence became Vice President, I had this post... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

The title of this post is the title of this new research brief authored by Sana Khan, Emily West, Stephanie Rosoff of the CUNY Institute for State & Local Governance. This executive summary explains the research and reports these key... Douglas A. Berman Impact of the coronavirus on criminal justice National and State Crime Data Prisons and prisoners

I was pleased and intrigued to trip across this recent news piece headlined "New website puts the public in the judge’s chair." Here are the particulars: You be the Judge gives people the opportunity to watch six shortened, dramatised cases... Douglas A. Berman Procedure and Proof at Sentencing Sentencing around the world

The title of this post is the title of this new essay now available via SSRN authored by Con Reynolds and Judge Carlton Reeves (who are, as noted at SSRN, "currently employed by and/or appointed to lead the United States... Douglas A. Berman Federal Sentencing Guidelines Purposes of Punishment and Sentencing Who Sentences

The title of this post is the title of this new article authored by Maria Hawilo and Laura Nirider recently published in the Journal of Criminal Law and Criminology. (I just came across this article thanks to this new Slate... Douglas A. Berman Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

In these partisan times, Congress has shown yet again that some forms of criminal justice reform can garner not just bipartisan support, but near unanimous support. This AP article, headlined "Congress OKs bill overhauling oversight of troubled federal Bureau of... Douglas A. Berman Prisons and prisoners Who Sentences

In this round-up post a few months ago, I noted a story about a Fifth Circuit ruling enabling a a Texas prisonser to continue with his Eighth Amendment lawsuit that his prison's schedule and conditions leaves too little time for... Douglas A. Berman Prisons and prisoners

I just today saw that the US Department of Justice has released its latest yearly update on the implementation of the First Step Act under the thritting title "First Step Act Annual Report, June 2024." This 50-page report has this... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

This week has brought some new press pieces capturing some of the uncertainty about Second Amendment limits on federal criminal prohibtions of gun possessiom after the Supreme Court's ruling last month in Rahimi. Here are links to the pieces and... Douglas A. Berman Offender Characteristics Offense Characteristics Second Amendment issues

Via the Smithsonian Magazine, I came across this fascinating piece about juries and capital punishment history headlined "How All-Female ‘Juries of Matrons’ Shaped Legal History." I recommend the piece in full, and here are some excerpts: For more than 700... Douglas A. Berman Death Penalty Reforms Offender Characteristics Race, Class, and Gender Who Sentences

I have blogged in the past about how the Supreme Court's ruling in Kisor v. Wilkie, which recast for federal courts the deference they give to agencies in construing agency regulations, has rippled in uneven and unpredictable ways through circuit... Douglas A. Berman Federal Sentencing Guidelines Offense Characteristics Procedure and Proof at Sentencing Sex Offender Sentencing

I received a press release early this morning informing me that the Council on Criminal Justice (CCJ) today was launching a new "initiative to document and raise awareness of the distinctive needs of women in the criminal justice system and... Douglas A. Berman Offender Characteristics Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

The question in the title of this post is prompted by some notable new corporate news that is also a federal sentencing story. This AP piece, headlined "Boeing accepts a plea deal to avoid a criminal trial over 737 Max... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Victims' Rights At Sentencing Who Sentences

I am pleased to highlight today a new place and spece for sentencing discussions, Sentencing Matters Substack. In this first posting at that location, I provide a bit of the origin story and vision for this new endeavor: This is... Douglas A. Berman Federal Sentencing Guidelines On blogging Recommended reading

It is perhaps a bit early to start thinking about the potential criminal justice policies of the various folks who might replace President Joe Biden as the Democratic Party 2024 nominee for President. (Or is it? is it? is it?)... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

Realizing that, conincidently on US Independence Day, the Brisish elected a new Partiment and Prime Minister, I was epsecially intrigued by this new BBC article headlined "We have too many prisoners, says new PM Starmer." I recommend the piece in... Douglas A. Berman Scope of Imprisonment Sentencing around the world Who Sentences

The visionary work of founding editors Daniel J. Freed and Marc L. Miller launched the Federal Sentencing Reporter back in summer 1988 when the federal sentencing guidelines were just starting to be used in federal courts and when the very... Douglas A. Berman Federal Sentencing Guidelines Recommended reading