Sentencing Law & Policy

I have been covering over at my other blog statements by former Prez Donald Trump about marijuana reform: in this post nine days ago, I noted the social media post seemingly supportive of Florida's marijuana legalization ballot initiative; in this... Douglas A. Berman Drug Offense Sentencing Marijuana Legalization in the States Pot Prohibition Issues Who Sentences

I was pleased to see that Adam Liptak today committed his Sidebar column in the New York Times to federal compassionate release issues in conjunction with US District Judge Frederic Block's new book on the topic, "A Second Chance: A... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

The US Sentencing Commission last week released on its website its latest quarterly data report, this one labelled "3rd Quarter Release, Preliminary Fiscal Year 2024 Data Through June 30, 2024." These new data with the latest accounting of federal sentencing... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

It has been some time since I have highlighted items from Inquest, "a decarceral brainstorm," in part because the site has been recently running essays mostly focused on policing issues. But I noticed a number of more punishment-focused pieces, and... Douglas A. Berman Prisons and prisoners Reentry and community supervision

The title of this post is the title of this new article now available via SSRN authored by Kaleb Byars. Here is its abstract: Despite recent Congressional hearings and public attention, the question of how to fairly and efficiently punish... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

As reported in this New York Times piece, the "judge overseeing Donald J. Trump’s criminal case in Manhattan postponed his sentencing until after Election Day, a significant victory for the former president as he seeks to overturn his conviction and... Douglas A. Berman Campaign 2024 and sentencing issues Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

As reported here in the Washington Post, "President Joe Biden’s son Hunter tried to resolve his federal tax case Thursday as jury selection was about to begin, offering an Alford plea in which he maintains he is innocent but acknowledges... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing White-collar sentencing Who Sentences

The title of this post is the title of this new article now available via SSRN and authored by Jacob Schuman. Here is its abstract: Community supervision is a major form of criminal punishment and a major driver of mass... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision Sentences Reconsidered

Prison Policy Initiative have this timely new posting authored by Danielle Squillante with this full title: "Mass Incarceration 101: Resources to help students and teachers understand the carceral system: It’s back to school season, so we’ve curated information and tools... Douglas A. Berman Data on sentencing Detailed sentencing data Prisons and prisoners Scope of Imprisonment

The New York Times has this lengthy new piece, headlined "In Deciding When to Sentence Trump, Judge Faces ‘Impossible’ Task," providing a reminder that former Prez Donald Trump is scheduled to be sentenced two weeks from today and all of... Douglas A. Berman Campaign 2024 and sentencing issues Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this notable new huge report from the Stanford Criminal Justice Center. The email I received about the report explains that it examines "the prevalence and severity of intimate partner violence (IPV)... Douglas A. Berman Offender Characteristics Offense Characteristics Race, Class, and Gender

Regular readers are used to seeing my references to the YTD Murder Comparison from the folks at AH Datalytics. I am excited to see that these folks now have launched a "Real-Time Crime Index." Jeff Asher has this new substack... Douglas A. Berman National and State Crime Data

The title of this post is the title of this recent article available on SSRN authored by Shima Baradaran Baughman and Taylor Broadbent. Here is its abstract: Deferred prosecution agreements (or DPAs) have been used with increasing frequency, particularly in... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Who Sentences

In our nation, reform movements can often have a tendency to moderate over time, and that seem especially true in the criminal justice space where we can often see major (and minor) pendulum swings in reform efforts and broader politics.... Douglas A. Berman Elections and sentencing issues in political debates

Last week I came across a short federal district court opinion in US v. Valdivias, No. 20-20054-02-DDC (D. Kan. Aug. 26, 2024) (available here), rejecting some notable originalist jury claims by a drug defendant. I recommend the entire opinion, and... Douglas A. Berman Drug Offense Sentencing Procedure and Proof at Sentencing Who Sentences

A helpful reader made sure I did not miss a lengthy new ruling from the Eleventh Circuit late last week in US v. Schwarzbaum, No. 22-14058 (11th Cir. Aug. 30, 2024) (available here). Here are excerpts from the start of... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Sentences Reconsidered

When he was president, Donald Trump played a critical role in advancing, and then signed into law, the most significant federal criminal justice reform in a generation, the First Step Act. Trump has also often talked up expanding the federal... Douglas A. Berman Campaign 2024 and sentencing issues Marijuana Legalization in the States Pot Prohibition Issues Who Sentences

The title of this post is the title of this new article authored by Richard Lorren Jolly available via SSRN. Here is its abstract: The United States is a democracy divided. Perhaps not since the Civil War have Americans been... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

In recent posts, I have already covered notable capital punishment adminstration stories from Florida and Missouri and South Carolina. And as news and commentary on death penalty issues keeps emerging from states and nationally, an abridged round-up of notable recent... 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 Kaelyn Sanders. Here is its abstract: Digital exclusion is a barrier for people on parole, herein referred to as returning citizens. Yet, much... Douglas A. Berman Reentry and community supervision