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Florida completes its first execution of 2025 of murderer of a couple 28 years ago

Thu, 02/13/2025 - 19:20
As reported in this AP piece, a "Florida man convicted of killing a husband and wife at a remote farm in an attack witnessed by the couple’s toddler was put to death Thursday in the state’s first execution of the... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

"Falling racial inequality and rising educational inequality in US prison admissions for drug, violent, and property crimes"

Thu, 02/13/2025 - 15:39
The title of this post is the title of this paper recently published in Proceedings of the National Academy of Sciences and authored by Christopher Muller and Alexander Roehrkasse. Here is its abstract: Using administrative and survey data, we show... Douglas A. Berman Data on sentencing Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

You be the judge: what federal sentence for prominent elderly state legislator convicted on 10 of 23 corruption counts?

Thu, 02/13/2025 - 14:19
The question in the title of this post is prompted by this lengthy Chicago Tribune article reporting on the results of a lengthy trial and jury deliberation under the headline "No sweep for either side, but Madigan jury’s split verdict... Douglas A. Berman Offender Characteristics Offense Characteristics Purposes of Punishment and Sentencing White-collar sentencing

"The Crime Victims' Rights Movement: Historical Foundations, Modern Ascendancy, and Future Aspirations"

Wed, 02/12/2025 - 20:29
The title of this post is the title of this new talk/paper authored by Paul Cassell available now via SSRN. Here is its abstract: This article, which serves as the keynote address for the 2025 University of Pacific Law Review... Douglas A. Berman Victims' Rights At Sentencing Who Sentences

Third Circuit panel states "Second Amendment’s touchstone is dangerousness" when remanding rights claim by person with multiple gambling-related offenses

Wed, 02/12/2025 - 11:09
A helpful lawyer made sure I saw this week's important new ruling by a Third Circuit panel in Pitsilides v. Barr, No. 21-3320 (3d Cir. Feb. 10, 2025) (available here). I highly recommend the Pitsilides ruling in full, especially because... Douglas A. Berman Gun policy and sentencing Procedure and Proof at Sentencing Second Amendment issues

US Sentencing Commission conducting day-lomg hearing on (some) proposed guideline amrndmenys

Tue, 02/11/2025 - 22:45
I flagged in this post last week that on February 12 the US Sentencing Commission was to be conducting a public hearing "to receive testimony from invited witnesses on proposed amendments relating to the career offender guideline, firearms offenses, simplification,... Douglas A. Berman

"Of Two Minds: the Supreme Court's Divergent Approach to Constitutional Mens Rea"

Tue, 02/11/2025 - 21:57
The title of this post is the title of this new article authored by Rachel Barkow just posted to SSRN. Here is its abstract: Constitutional law is typically conceived as a set of individual rights and a list of powers... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Who Sentences

Interesting "public safety agenda" reports from R Street

Tue, 02/11/2025 - 14:33
I recently came acrosss a series of short policy papers released last month by the think tank R Street Institute to provide suggestions regarding a "public safety agenda" for various government entities. Here are links to the four papers in... Douglas A. Berman Who Sentences

Prez Trump pardons former Illinois Gov after prior commutation ... are more clemencies in the works?

Tue, 02/11/2025 - 10:44
As reported in this AP piece, "President Donald Trump on Monday pardoned former Illinois Gov. Rod Blagojevich, whose 14-year sentence for political corruption charges he commuted during his first term." Here is more: The Republican president called the Democratic former... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

Louisana poised to resume executions with nitrogen gad protocol

Mon, 02/10/2025 - 21:06
As reported in this local article, "Louisiana has approved a protocol for executions by nitrogen hypoxia, which will allow death sentences to be carried out again after nearly 15 years, Gov. Jeff Landry said Monday." Here is more: Louisiana has... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Who Sentences

Top New York state judge advocates for statute authorizing second-look sentencing

Mon, 02/10/2025 - 21:01
As reported in this New York Times piece, the "chief judge of New York State’s highest court urged the State Legislature on Monday to pass a bill that would allow prisoners who have been locked up for years to apply... Douglas A. Berman Sentences Reconsidered Who Sentences

Might Trump's Justice Department conclude broad prohibitions on gun possession by drug users and convicted persons are unconstitutional?

Mon, 02/10/2025 - 13:27
The question in the title of this post is prompted in part by this recent Executive Order from Prez Trump titled "Protecting Second Amendment Rights." Among its notable provisions, this EO directs Attorney General Bondi to review, inter alia, "positions... Douglas A. Berman

"Plea Bargaining Procedures Worldwide: Drivers of Introduction and Use"

Mon, 02/10/2025 - 10:26
The title of this post is the title of this new article appearing in the March 2025 article of the Journal of Empiral Legal Studies and authored by Gabriele Paolini, Elena Kantorowicz-Reznichenko and Stefan Voigt. Here is its abstract: Over... Douglas A. Berman Procedure and Proof at Sentencing Sentencing around the world

Highlighting a number of notable recent Inquest essays

Sat, 02/08/2025 - 17:19
It has been some time since I have highlighted essays from Inquest, "a decarceral brainstorm," but I recently noticed a number of newer pieces that sentencing fans may want to check out: By Carol Steiker, "Almost Anti–Death Penalty: Biden’s incomplete... Douglas A. Berman Recommended reading Who Sentences

Updated (but still partial) accounting of Prez Biden's (and others') clemency record

Sat, 02/08/2025 - 14:04
Writing for the Pew Research Center, John Gramlich's has this new updated piece that provides an overview of Prez Biden's clemency record and how it compares to prior presidents. The article is headlined "Biden granted more acts of clemency than... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Data on sentencing Sentences Reconsidered Who Sentences

North Carolina state judge rules that "race was a significant factor" in capital jury selection

Fri, 02/07/2025 - 17:41
As reported in this AP article, "racial bias tainted the decision to strike Black people from the jury pool and to impose the death penalty in the 2009 trial of a Black man in North Carolina, a judge ruled on... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Sentences Reconsidered

Shohei Ohtani’s ex-interpreter gets (within-guideline) sentence of 57 months

Fri, 02/07/2025 - 12:30
In this post a few weeks ago, titled "You be the umpire: what sentence for Shohei Ohtani’s ex-interpreter?," I inquired what folks thought should be the federal sentence for Ippei Mizuhara, the former interpreter for LA Dodgers star Shohei Ohtani... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines White-collar sentencing

Alabama completes its fourth execution by means of nitrogen gas

Thu, 02/06/2025 - 23:01
As reported in this local article, "Alabama Death Row inmate was executed tonight for the 1991 slaying of a woman in her Birmingham apartment, who he admitted killing after he got tired of hearing her beg for her life." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

US Sentencing Commission moving forward with ambitious guideline amendment plans

Thu, 02/06/2025 - 16:52
Via email, I received word from the US Sentencing Commission about new activities and resources associated with its many notable new guideline amendment proposals. Here are excerpt from the email with links to the USSC's webpage with more details: NOTICE... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

Notable lengthy new district court opinion rules US Sentencing Commission lacked authority to authorize sentence reduction based in part on "changes in law"

Thu, 02/06/2025 - 14:08
A helpful reader made sure I saw a lengthy new opinion issued today addressing the US Sentencing Commission's sentence reduction guideline, § 1B1.13(b), and particularly its provision that a "change in the law" can sometimes provide a basis for a... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

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