Sentencing Law & Policy

This Crime and Justice News entry highlights notable violent crime data reported this past week from the Major Cities Chiefs Association. Here are the details: Reports of crimes in four major categories are down in the first half of 2024... Douglas A. Berman National and State Crime Data Offense Characteristics

The title of this post is the title of this new Sentencing Project report authored by Ashley Nellis and Devyn Brown. The short report starts this way: A wave of reforms since 2010 has changed the trajectory of punishment for... Douglas A. Berman Assessing Graham and its aftermath Assessing Miller and its aftermath Data on sentencing Offender Characteristics Scope of Imprisonment

A helpful reader made sure I did not miss the notable panel opinion issued by the Sixth Circuit earlier this week in Jackson v. Cool, No. 21-3207 (6th Cir. Aug. 8, 2024) (available here). The start of the unanimous opinion... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

As noted in this post yesterday, this afternoon the US Sentencing Commission had a scheduled public meeting, and the big official agenda items were "Possible Vote on Final 2024–2025 Policy Priorities" and "Possible Vote on Retroactivity of Certain 2024 Amendments."... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Thanks to the tip from a helpful commentor, I just saw that an Eighth Circuit panel today issued a significant ruling rejecting, yet again, a federal criminal defendant's claim "that he had a constitutional right under the Second Amendment to... Douglas A. Berman Second Amendment issues

The title of this post is the title of this new book chapter available via SSRN authored by Gregory Antill. Here is its abstract: This article considers how a mens rea regime growing out of principles of corrective or restorative... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

I received an email from the US Sentencing Commission, not long after after its short public meeting today, titled "Embracing the Public’s Ideas to Improve Sentencing, Commission Unanimously Adopts Policy Priorities." And the title of this post captured the emails... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new Prison Policy Initiative briefing authored by Brian Nam-Sonenstein which carried this subtitle: "Recent research suggests the onset of pretrial detention’s criminal legal system, social, and economic harms is earlier... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

As reported in this USA Today article, "Utah executed a death row inmate for the 1998 murder of his then-girlfriend's mother on Thursday, the 12th execution in the nation this year and the state's first since a firing squad execution... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

In this post just under two weeks ago in response to many complaints about off topic and uncivil comments, I sought to encourage more on-topic, productive and polite comments. I sense all but a few folks welcomed and were eager... Douglas A. Berman On blogging

As reported in this AP piece, a "Texas man who claimed an intellectual disability in a late attempt at a reprieve was executed Wednesday evening for the killing of a woman who was jogging near her Houston home more than... Douglas A. Berman Death Penalty Reforms

I see from the US Sentencing Commission's website a couple of notable new resources: Selected Supreme Court Cases on Sentencing Issues (August 7): This document provides brief summaries of selected Supreme Court and appellate court cases that involve the guidelines... Douglas A. Berman

I received an email today from the Society for Empirical Legal Studies providing the contents of the newest isse of the Journal of Empirical Legal Studies. This link to the September 2024 issue was also provided, and I was pleased... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences

I missed while on the road the notable Second Circuit panel ruling last week in US v. Martinez, No. 22-902-cr (2d Cir. July 30, 3034) (available here). Though I do not keep up with all reasonableness rulings in circuit courts,... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Sex Offender Sentencing Who Sentences

The New York Times has this notable new piece with quotes from a notable lawyer about the (now revoked) plea agreement that would have taken away the possibility of a death sentence for the accused mastermind of the 9/11 attacks... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

The title of this post is the title of this lengthy feature article in this month's ABA Journal. Here are some excerpts (with links from the original): Oregon, like many states, is facing a crisis in public defense because of... Douglas A. Berman Who Sentences

Multiple media outlets are now reporting that VP and Prez candidate Kamala Harris has chosen Minnesota Governor Tim Walz as her running mate. I noted in this post last month that VP Harris was a distinctive nominee given her extensive... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The question in the title of this post is prompted by this new New York Times piece headlined "How Much Alcohol Is Too Much for a Driver? Experts argue the U.S. drunk-driving limit is too high." I recoemmend the piece... Douglas A. Berman Drug Offense Sentencing Offense Characteristics

As reported in this CBS News piece, the "Supreme Court on Monday rejected a longshot bid by the state of Missouri to halt former President Donald Trump's impending sentence and lift the gag order imposed in the New York 'hush... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

As noted in this prior post, US Defense Secretary Lloyd Austin late Friday revoked a plea agreement that took away the possibility of a death sentence for the accused mastermind of the 9/11 attacks and two accomplices. I have seen... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences