Sentencing Law & Policy

As reported in this Reuters piece, "former Louisville police officer Brett Hankison was sentenced on Monday to 33 months in prison for violating Breonna Taylor's rights during the raid in which she was shot and killed." The US Justice Department,... Douglas A. Berman Offender Characteristics Offense Characteristics

A few days ago, Slate ran this new commentary from Frank Bowman discussing the latest reporting on Prez Biden's clemency actions on his way out of the Oval Office. I recommend the piece in full, and here is how it... 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 published in the Journal of Criminal Justice and authored by Noy Assaraf and Roni Factor. Here is its abstract: Objectives While many studies have examined the impact of... Douglas A. Berman Prisons and prisoners

While I was on the road, a Third Circuit panel handed down a notable new Second Amendment opinion in US v Harris, No. 21-3031 (3d Cir. July 14, 2025) (available here). The Harris ruling concerns the (un)constitutionality of federal law’s... Douglas A. Berman Gun policy and sentencing Second Amendment issues

The title of this post is the headline of this intersting research published at Corrections 1 that is described as a "futures study of a particular emerging issue of relevance to law enforcement." The article begins with this account of... Douglas A. Berman Prisons and prisoners Technocorrections

Law360 has this lengthy new article providing a detail examination of the Supreme Court's rulings in an array of criminal cases during its October 2024 Term. The article's headline, "High Court Term Yields Gains For Criminal Defendants," reveals its essential... Douglas A. Berman Sentences Reconsidered Who Sentences

As reported in this CNN piece, the "Justice Department is asking that a former police officer found guilty of violating the civil rights of Breonna Taylor in 2020 -- when she was shot and killed by police in her Louisville... Douglas A. Berman Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing

This press release from the Buraeu of Prisons earlier this week reports on a notable development inside the BOP. The heading of the press release provides the basics: "Director Marshall Launches FSA Task Force: New Initiative to Tackle Delays, Equip... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

As reported in this AP article, on Tuesday of this week, a "man convicted of fatally shooting two people outside a Florida bar in 1993 as part of an attempted revenge killing was executed Tuesday evening, the 26th person put... Douglas A. Berman Death Penalty Reforms

Though it is not technically mid-summer, I am on a mid-summer trip that will leave me relatively little time for blogging for the rest of this week. (In addition, when I have some spare time this week, there is a... Douglas A. Berman Recommended reading

Recent decades has brought considerable concerns about so-called "school-to-prison" pipelines, a term meant to lament certain educational policies and practices that serve to enhance the prosepcts of some students being caught up in criminal justice systems. But this new Marhsall... Douglas A. Berman Death Penalty Reforms Offender Characteristics

The New York Times has two notable new articles covering the controversies surrounding former Prez Biden's late-term clemencies and compentencies. Here are the pieces: "Biden Says He Made the Clemency Decisions That Were Recorded With Autopen" "Excerpts From The Times’s... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Who Sentences

The title of this post is the title of this article authored by Cassia Spohn in the June 2025 issue of the Criminal Law Forum. (As noted in this prior post, this journal issue is devoted to celebrating the work... Douglas A. Berman Recommended reading

This New York Times opinion piece, titled "Governors, Use Your Clemency Powers" and authored by Steve Zeidman, focuses on the need for states' chief executives to step up their clemency work. The piece is worth a full read (though it... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new article now available via SSRN and authored by Charles Hintz. Here is its abstract: Federal habeas is a mess. The reason is the current doctrine’s myopic proceduralism: its obsession... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

In the latest chapter of a long running saga, a panel of the DC Circuit today upheld the authority of then-Secretary of Defense Lloyd Austin to withdraw from plea agreements with three of the 9/11 defendants. The start of the... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

The title of this post is the title of this new article now available via SSRN authored by Talia Roitberg Harmon, Michael L. Perlin, Maren Geiger, Lea Roitberg and Stacy Bielic. Here is its abstract: The United States Supreme Court... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing

This new ABC News piece reports that the "judge who oversaw the trial of Sean 'Diddy' Combs has asked both sides in the case to provide him with sentencing information ahead of the scheduled October sentencing date." Here is more:... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing

The US Sentencing Commission in recent weeks has released a bunch more of its terrific "Quick Facts" publications. As regular readers know, I find so very interesting all the these short data documents, which are designed to "give readers basic... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

I am pleased to see the launch of a new column at SCOTUSblog, being called "ScotusCrim" and being authored by Rory Little to focus "on intersections between the Supreme Court and criminal law." The initial installment is titled "The criminal... Douglas A. Berman Sentences Reconsidered Who Sentences