Sentencing Law & Policy

As reported in this new NPR piece, according "to a report released this week from FWD.us, an advocacy organization aimed at criminal justice reform, having a loved one in prison or jail is estimated to cost families across the country... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

As detailed in this press release from the Princeton School of Public and International Affairs, "national organizations from across the political spectrum have released a set of principles aimed at guiding policymakers in reforming the U.S. criminal justice system to... Douglas A. Berman Purposes of Punishment and Sentencing Who Sentences

The title of this post is the title of this new paper now available via SSRN and authored by Colin Bradley and Eleanor Gordon-Smith. Here is its abstract: A recent view in legal epistemology holds that since knowledge is the... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Prez Trump's considerable clemency activity last week (basics here and here) not only has engendered considerable commentary about his recent efforts (some assembled here), but also has various major press outlets covering various clemency-related stories. Here is a partial round... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

Around this time two years ago in this post, I flagged that the Drug Enforcement and Policy Center at The Ohio State University had just released Season One of a new podcast, "Drugs on the Docket." All six full episodes... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines

The title of this post is the title of this new paper now available via SSRN authored by Ji Seon Song. Here is its abstract: Studies of the institutional actors in the criminal legal system have revealed critical insights on... Douglas A. Berman Criminal Sentences Alternatives Reentry and community supervision

The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month. The list is not all that eventful for sentencing fans, but at least one grant, one denial and one... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Transactional Records Access Clearinghouse (TRAC) recently released this notable new report titled "Federal Prosecution of White-Collar Crimes Receiving Less and Less Attention." The report captures all sort of data about federal white-collar prosecutions, and is worth a read in... Douglas A. Berman Data on sentencing Offense Characteristics White-collar sentencing

Unsurprisingly, Prez Trump's recent significant clemency work (basics here and here) has already engendered notable critical commentary. I have rounded up some pieces on that topic, though I am still looking for commentary actively supporting his latest grants. In addition,... Douglas A. Berman Clemency and Pardons Recommended reading Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper now available via SSRN authored by Seema Saifee. Here is its abstract: Scholars and reformers who aim to reduce reliance on incarceration offer different visions for how to... Douglas A. Berman Purposes of Punishment and Sentencing Who Sentences

As reported in this local article, "Oklahoma is now one of the states with the harshest penalties for child sex offenses after lawmakers paved the way for the death penalty for crimes against children." Here is more: Gov. Kevin Still... Douglas A. Berman Death Penalty Reforms Kennedy child rape case Sex Offender Sentencing Who Sentences

The title of this post is the title of this new paper authored by David Abrams and Priyanka Goonetilleke now available via SSRN. Here is its abstract: Each year, millions of Americans rely on public defenders to fulfill their Sixth... Douglas A. Berman Who Sentences

I flagged a few weeks ago, after noting my own 2025 posts (here and here) detailing big city homicide data showing the remarkable decline in murders apparently unfolding in many large urban areas, that I had see relatively little general... Douglas A. Berman National and State Crime Data

Walter Pavlo has this notable new Forbes piece headlined "Federal Bureau Of Prisons To Expand Home Confinement." Here is how it begins: The First Step Act is a significant piece of criminal justice reform legislation signed into law by Donald... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners

As reported in this CNN piece, "President Donald Trump used his pardon power to grant clemency to a wave of individuals this week who had been convicted of crimes that range from public corruption, guns and even maritime-related offenses, according... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Over the last few weeks, I have been very much enjoying a multi-part series of posts by Charles Fain Lehman at his Causal Fallacy Substack under the heading "What Was the War on Drugs?". Though the topic of the drug... Douglas A. Berman Drug Offense Sentencing Recommended reading

The title of this post is the title of this new paper authored by T. Markus Funk and available via SSRN. Here is its abstract: Determining an offender’s criminal culpability is an evergreen challenge. It demands a careful blending of... Douglas A. Berman Offender Characteristics Offense Characteristics Victims' Rights At Sentencing

I have flagged in prior posts (examples here and here and here) that persons convicted of various white-collar offenses are those now most likely to be getting the benefit of Prez Trump's clemency pen. The last few days have demonstrated... Douglas A. Berman Clemency and Pardons Sentences Reconsidered White-collar sentencing Who Sentences

In a couple of posts last month (linked below), I highlighted that the deals Prez Trump cut with multiple BigLaw firms provided for hundreds of million of dollars in pro bono legal services to be devoted, at least in part,... Douglas A. Berman Offender Characteristics Prisons and prisoners Who Sentences

As regular readers know, I have been keeping a close eye on cases that have been dividing the lower federal courts regarding the US Sentencing Commission's 2023 policy statement providing that some limited "changes in the law" in certain cases... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences