Sentencing Law & Policy

Via email, I learned this morning that the Bureau of Justice Statistics has now published new data about jail populations as of 2023 under the exciting title "Jail Inmates in 2023 - Statistical Tables." The new data is available now... Douglas A. Berman Data on sentencing Prisons and prisoners Scope of Imprisonment Who Sentences

The title of this post is the title of this new article now available via SSRN authored by Brandon Stras. Here is its abstract: Though the Pardon Clause could be interpreted to include or exclude corporate offenses, overlooked history suggests... Douglas A. Berman Clemency and Pardons Offender Characteristics Sentences Reconsidered White-collar sentencing Who Sentences

As detailed on this webpage, federal sentencing fans need to mark their calendars for the afternoon of April 11, 2025. In addition to watching The Masters, I now expect to be multitasking because the US Sentencing Commission has noticed its... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new paper just posted to SSRN and authored by Michael L. Smith. Here is its abstract: Discussions of criminal law, enforcement, and reform are frequently messy and misleading. Anecdotes distract... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The Supreme Court this morning issued this short order list that still has some interesting elements for criminal justice fans. Specifically, the Court granted cert on two cases, both of which involve issues of constitutional criminal procedure. Here are the... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Who Sentences

The question in the title of this post is prompted by this new article discussing statements today by Attorney General Pam Bondi. The piece is headlined "AG Pam Bondi Says Trump Is Going to Seek the Death Penalty ‘Whenever Possible’... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

In this post last August, I asked "what sentence for former US Rep George Santos after his plea to fraud and identity theft?". US District Judge Joanna Seybert is scheduled to provide the official answer to this question at George... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Offender Characteristics Offense Characteristics White-collar sentencing Who Sentences

It has been a couple of montjs since I highlighted essays from Inquest, "a decarceral brainstorm," and so here is coverage of just come of its newer pieces that sentencing fans may want to check out: By Denali Wilson, "Ending... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

As reported in this local article, "hours after the [Maryland] Senate approved the Second Look Act, the House on Thursday quickly accepted Senate amendments to the bill that gives a second chance to long-serving incarcerated individuals and sent the measure... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this recently published book that was just brought to my attention by the publisher, who offered this audience a discount code: "Order online at www.bloomsbury.com -- use the code GLR BD8... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading

The title of this post is the title of this recent paper now posted to SSRN and authored by Meghan J. Ryan. Here is its abstract: Time is missing from discussions on the theory of retribution. A colossal body of... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

The Supreme Court nearly 23 years ago in Atkins v. Virginia, 536 U.S. 304 (2002), ruled that that an execution of persons with intellectual disability would violate the Eighth Amendment's prohibition on cruel and unusual punishments. In so doing, the... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Who Sentences

The US Sentencing Commission has today posted here on its website "FY24 GEOGRAPHIC SENTENCING DATA." As explained on the site, these detailed "reports examine federal sentencing statistics from each judicial district, the districts within each judicial circuit, and the districts... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new white paper, authored by Erik Luna and Weldon Angelos, that is now avaialble via SSRN. This paper was produced by the Academy for Justice at Sandra Day O'Connor College... Douglas A. Berman Drug Offense Sentencing Marijuana Legalization in the States Pot Prohibition Issues Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As I noted in this post last week after a recent flurry of grants, Prez Trump has followed up historic clemency activity during his first few days in office by continuing to exercise his broad executive authority to grant pardons... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

As reported in this AP piece, "U.S. Attorney General Pam Bondi said Tuesday that she has directed prosecutors to seek the death penalty against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson, following through on the president’s campaign... Douglas A. Berman Celebrity sentencings Death Penalty Reforms Who Sentences

I tend not to be a big fan of celebrations of April Fools' Day (I often get to feel plenty foolish all year long), but the fokls at the Prison Policy Initiative have a holiday-themed entry that seemed worthy of... Douglas A. Berman Prisons and prisoners

The title of this post is the title of this new article authored by Kevin Morrow and now available via SSRN. Here is its abstract: The final decision on the imposition of the death penalty in the United States is... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

The Supreme Court issued this relative short order list this morning which concluded with an interesting dissent from the denial of certiorari authored by Justice Sotomayor and joined by Justice Jackson. Here is how the six-page dissent gets started and... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this notable new article from multiple authors just published in the journal Legal and Criminological Psychology. Here is its abstract: Criminal legal systems around the world rely heavily on defendants foregoing... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences