Sentencing Law & Policy

The Surpeme Court's first released opinion this morning was a unanimous ruling in Rivers v. Guerrero, No. 23-1345 (S. Ct. June 12, 2025) (available here). Authored by Justice Jackson, the opinion begins this way: Incarcerated individuals who seek to challenge... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

Two weeks ago, there were press reports that more federal clemency grants were expected "in the coming days." And yet, we have not seen any new grants from Prez Trump since a set of notable pardons and commutations issued in... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

The title of this post is the headline of this notable new Law360 article authored by Bradley Henry and Nicholas Spiller. The piece discusses at length the pending federal sentencing guideline amendments that essentially eliminate "departures" from the federal sentencing... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

As reported in this local article, "Alabama has executed Gregory Hunt by nitrogen hypoxia for the 1988 murder of Karen Lane." Here is more: A doctor pronounced Hunt to dead at 6:26 p.m. June 10. His death marked Alabama's third... Douglas A. Berman Death Penalty Reforms

As reported in this AP article, a "man convicted of raping and killing a woman three decades ago after kidnapping her from a supermarket parking lot was executed Tuesday in Florida." Here is more: Anthony Wainwright, 54, received a lethal... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this new paper now available via SSRN and produced by multiple authors. Here is its abstract: Using newly-linked administrative and commercial data from Virginia spanning 25 years, we study the consequences... Douglas A. Berman Prisons and prisoners

The US Sentencing Commission today released on its website this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC has requested public comment on these priorities by July 18, 2025.... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

This new CNN article, headlined "4 executions are scheduled in 4 states over four days this week. Here’s what we know," highlights both upcoming executions and broader capital punishment trendis in the United States this year. Here are excerpts: Over... Douglas A. Berman Death Penalty Reforms Who Sentences

I have not highlighted posts from the Sentencing Matters Substack in a little while in part because I am waiting for my co-substacker to wrap up a five-part series(!) on the US Sentencing Commission's latest guideline amendments (part four was... Douglas A. Berman Death Penalty Reforms Kennedy child rape case Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

I am pleased and thrilled to report on the publication of the latest issue of the Federal Sentencing Reporter titled "Sentencing 'Boat Defendants.'” This issue is anchored by a fascinating article describing sentencing data surrounding a fascinating set of federal... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Offender Characteristics Recommended reading

The Council on Criminal Justice has produced this helpful report to enhance understand of accoutnings of crime data under the title, "When Crime Statistics Diverge: Understanding the Two Major Sources of Crime Data in the U.S." The report is authoed... Douglas A. Berman National and State Crime Data

As noted in this prior post, the Supreme Court altered its recent patterns by issuing this order list late today. And the order list had a whole lot for sentencing fans, with two of three Friday cert grants involving notable... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Supreme Court has been consistently issuing its full order lists at the start of weeks for all of 2025. Indeed, the Supreme Court's website in one place states, as I write this, that "the Court will release an order... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As noted in this post, in 2021 I urged then-Prez Biden to consider nominating to the US Sentencing Commission multiple persons with diverse, direct experiences with U.S. justice systems. Four years later, as detailed in this new NBC News article,... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Who Sentences

The title of this post is the title of this new paper available via SSRN and authored by Tammi Walker. Here is its aAbstract: Juvenile sex offender registration was never a natural fit for the youth justice system, but in... Douglas A. Berman Collateral consequences Criminal Sentences Alternatives Offender Characteristics Reentry and community supervision Sex Offender Sentencing Technocorrections

Last week after Prez Trump granted more than 25 notable pardons and commutations, CNN reported that he was "expected to issue even more commutations in the coming days." A week later, no more new clemency grants have been announced. But... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new report released today by the Collateral Consequences Resource Center (CCRC) authoed by Margaret Love and Beth Johnson. The full report runs 64 pages and is effectively summarized in this... Douglas A. Berman Collateral consequences Reentry and community supervision Second Amendment issues

The dynamics of prison transfers is a topic that I have not seen widely researched or discussed, even though I surmise transfers can have a significant impact on prison experiences. So I am pleased to see this notable new briefing... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

The Death Penalty Information Center has this new thorough report of recent capital legislation under the heading "2025 Roundup of Death Penalty Related Legislation." Here is how the review gets started: More than one hun­dred bills have been intro­duced this... Douglas A. Berman Death Penalty Reforms Who Sentences

The title of this post is the title of this new paper available via SSRN authored by Aparna Komarla. Here is its abstract: Resentencing is a complex social and legal challenge to navigate for proponents of carceral reform. Despite recent... Douglas A. Berman Data on sentencing Procedure and Proof at Sentencing Sentences Reconsidered Technocorrections