Sentencing Law & Policy

In this post late last week, I noted a new article by Daniel Loehr available via SSRN titled "The Eugenic History of Habitual Offender Laws." Today I received an email from The Sentencing Project about its new report, authored by... Douglas A. Berman Mandatory minimum sentencing statutes Offender Characteristics Scope of Imprisonment

As I have mentioned in the past and will surely mention again in the future, there are too many notable daily and weekly developments in our nation's prisons and jails to cover them all (or even to cover some well)... Douglas A. Berman Prisons and prisoners

NBC News has this lengthy new piece, headlined "Biden and Trump pardons come under scrutiny, renewing calls for reform," that is long on recent clemency criticisms (especially Prez Biden's last-minute clemency flurry) and short on serious clemency reform discussions. The... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Who Sentences

Via email, I learned of an exciting event taking place on April 4, 2025, in Phildelphia. Here is the event description drawn from the email text of LawProf Lucian Dervan, who is the Founding Director of the Plea Bargaining Institute:... Douglas A. Berman Procedure and Proof at Sentencing

Thanks only to a Facebook post by John Pfaff, today I discovered that the Major Cities Chiefs Association has released this national data from its violent crime surveys at year end 2024. These data show that all categories of violent... Douglas A. Berman National and State Crime Data

The US Supreme Court this morning in this new order list granted certiorari in one case, and it is a criminal/sentencing matter. The petitioner via this cert petition in Barrett v. US, No. 24-5774, presented two questions to the Justices,... Douglas A. Berman Gun policy and sentencing Mandatory minimum sentencing statutes Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this Washington Post piece, "Virginia Gov. Glenn Youngkin (R) has granted clemency to a former Fairfax County police sergeant who fatally shot an unarmed man thought to have stolen sunglasses. Wesley Shifflett was sentenced to three years... Douglas A. Berman Clemency and Pardons Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Ethan Lowens now available via SSRN. Here is its abstract: Many of the most widely discussed and influential criminal legal reform proposals of the last several... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

As reported in this AP piece, "Alabama Gov. Kay Ivey commuted the death sentence of Robin 'Rocky' Myers to life in prison Friday, saying there were enough questions about his guilt that she could not move forward with his execution."... Douglas A. Berman Clemency and Pardons Death Penalty Reforms Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Daniel Loehr now available via SSRN. Here is its abstract: Habitual offender laws are widely understood to have emerged from the toughon-crime movement in the late... Douglas A. Berman Offender Characteristics Purposes of Punishment and Sentencing

The Washington Post has this new piece spotlighting praise for Prez Trump's recent announcement that Alice Marie Johnson will serve as his "pardon czar"(see prior posts here and here). Here are excerpts: As a president known for governing on whims... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new article authored by Jacob Schuman now available via SSRN. Here is its abstract: In 2023, the Department of Justice published its first-ever report on demographic disparities in revocations of... Douglas A. Berman Race, Class, and Gender Reentry and community supervision

This new Politico piece provides an effective review of a court hearing earlier today concernng the reach and scope of Prez Trump's Jan 6 pardons. I recommend the full piece, and here are excerpts (with links from the original): Three... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Isabella Polito and Colleen Berryessa now available via SSRN. Here is its abstract: Objective(s): This research examines how the cost of incarceration to the state and... Douglas A. Berman Scope of Imprisonment Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Isabella Polito and Colleen Berryessa now available via SSRN. Here is its abstract: Objective(s): This research examines how the cost of incarceration to the state and... Douglas A. Berman Scope of Imprisonment Sentences Reconsidered

The Supreme Court heard oral argument yesterday in Esteras v. US, No. 23-7483, which is one of a number of federal statutory interpretation criminal cases on the SCOTUS docket this Term. And this one is a sentencing case, with this... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

In this post from Friday, titled "Justice Department now asserting in some cases that Prez Trump's Jan 6 pardons covers gun and drug crimes," I noted an NPR report noting court filings from last week in which federal prosecutors asked... Douglas A. Berman Clemency and Pardons Who Sentences

While there seems to be lots of uncertainty in lots of federal executive agencies these days (including at the federal Bureau of Prisons as noted here and here), the one federal agency located in the judicial branch, the US Sentencing... 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 article authored by Eve Brensike Primus now available via SSRN. Here is its abstract: The Supreme Court's haphazard approach to allocating burdens of proof in criminal procedure has created... Douglas A. Berman Procedure and Proof at Sentencing

Appeals by Oklahoma death row defendant Richard Glossip has now produced two notable opinions from the US Supreme Court. A decade ago as reported here, in a 5-4 ruling in favor of the state in Glossip v. Gross, 576 U.S.... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences