Sentencing Law & Policy

In the wake of Bruen and Rahimi, I have primarily sought to follow federal Second Amendment litigation over various provisions of federal criminal gun dispossession laws. But a kind reader has sent me a notable new state court ruling on... Douglas A. Berman Gun policy and sentencing Second Amendment issues

In this post on this day 15 years ago, I used the occasion of Constitution Day to encourage discussion of parts or provisions of the Constitution that seem under-appreciated. That post and its comments were amusing to review for various... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Regular readers know I am a fan of second-look sentencing mechanisms, and I was thus intrigued to see this press report out of Colorado seeming to involve a notable sentence reduction in a notable high-profile state case. Here are the... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this notable new essay authored by Christopher Slobogin which was just posted to SSRN (and seems quite well timed right before we are to celebrate Constitution Day). Here is its abstract:... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Regular readers are now used to my praise for the US Sentencing Commission for continuing to release new sets of its terrific "Quick Facts" publications. But ir remains the case that I cannot praise the USSC enough for producing these... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Offender Characteristics Offense Characteristics

The question in the title of this post is prompted by this AP piece discussing litigation over the nitrogen gas execution scheduled in less than two weeks in Alabama. Here are excerpts: The state of Alabama asked a judge Friday... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Procedure and Proof at Sentencing

The title of this post is the title of this new essay authored by Sam Merchant and available via SSRN. Here is its abstract: This Essay explores the traditional view that judges exercise broad discretion at sentencing after Booker. Around... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

The question in the title of this post is prompted by the headline of this New York Post article discussing pop icon Justin Timberlake sentencing on Long Island yesterday. Here are excerpts from the piece: Justin Timberlake issued a groveling,... Douglas A. Berman Celebrity sentencings Criminal Sentences Alternatives Purposes of Punishment and Sentencing

the title of this post is the title of this new paper on SSRN authored by Erin Collins. Here is its abstract: Problem-solving courts were borne out of a well-meaning experimentalist spirit, one that inspired judges to attempt to close... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

In my very first post after reporting on the Supreme Court's 2022 landmark Second Amendment case, Bruen, I wondered on this blog "Are all broad felon-in-possession criminal gun statutes now constitutionally suspect after Bruen?". Two years later with lots and... Douglas A. Berman Collateral consequences Gun policy and sentencing Offender Characteristics Offense Characteristics Second Amendment issues

The title of this post is the title of this new paper available via SSRN authored by Stephen Henderson, Vanessa Edkins and Matthew Jensen. Here is its abstract: Among the many contemporary dissatisfactions with American criminal justice are longstanding concerns... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

In this recent post, I noted Adam Liptak's latest Sidebar column discussing federal compassionate release issues in conjunction with Judge Frederic Block's new book, "A Second Chance: A Federal Judge Decides Who Deserves It." I was pleased to see today... Douglas A. Berman Sentences Reconsidered Who Sentences

As discussed in this press release, the Bureau of Justice Statistics this morning released a new report titled "Criminal Victimization, 2023." Here is how the press release begins: Data from the National Crime Victimization Survey (NCVS) indicate that in 2023,... Douglas A. Berman National and State Crime Data

Prison Policy Initiative has this new election-season briefing about criminal justice official titled "Mass incarceration is on the ballot: A guide to how 19 offices you may be asked to vote on can help end mass incarceration in America." Here... Douglas A. Berman Elections and sentencing issues in political debates Who Sentences

The title of this post is the title of this new paper from multiple authors recently published in the Journal of Criminal Justice. Here is its abstract: Objective The movement to end mass incarceration has largely concentrated on people serving... Douglas A. Berman Assessing Miller and its aftermath Data on sentencing Sentences Reconsidered

If anyone wants a good example of the federal sentencing guidelines not doing an effective job of guiding a federal sentencing judge, consider the specifics of the upcoming high-profile sentencing of Caroline Ellison. This CNBC story about a sentencing filing... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing White-collar sentencing Who Sentences

The title of this post is the title of this recent article I just came across via SSRN and authored by Jessica Asbridge. Here is its abstract: Fines are ubiquitous in modern society, and they are imposed for both serious... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Sentences Reconsidered Who Sentences

I am a big animal lover, especially cats, and so I was struck by this notable NBC News story about a federal sentencing today in Texas for kicking a cat. The story details that this cat kicking was quite extreme... Douglas A. Berman Offense Characteristics

A helpful reader flagged for me a recent story about inmate deaths, and that reminded me that a number of discouraging prison stories had recently caught my eye. Here is a partial round-up: From the Chicago Cruisader, "New research links... Douglas A. Berman Prisons and prisoners

I just came across this recent article about legal education that was posted to SSRN earlier this year and is authored by Gregory Brazeal. (I wrote a little on this topic more than 20 years ago, and I still view... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading Who Sentences