Sentencing Law & Policy

As reported in this Politico piece, "Pam Bondi is officially in control of the Justice Department — and she’s gone right to work. President Donald Trump’s attorney general issued a flurry of orders Wednesday just after she was sworn in,... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

As reported in this AP piece, a "Texas man convicted of beating and suffocating a Dallas area pastor in his church during a robbery was put to death Wednesday evening, the second execution in the U.S. this year and the... Douglas A. Berman Death Penalty Reforms

Writing at Bolts, Lauren Gill has this notable new article focused on New Jersey developments that tap into a broader story. The full title of the piece highlights its essentials: "For Abuse Survivors, a New Path to Release from New... Douglas A. Berman Celebrity sentencings Offender Characteristics Sentences Reconsidered Who Sentences

A helpful comment made sure I saw that the Eighth Circuit today handed down a few notable Second Amendment rulings and limits on a federal gun possession prohibition. The main substantive case, US v. Cooper, No. 24-1998 (8th Cir. Feb... Douglas A. Berman Offender Characteristics Offense Characteristics Second Amendment issues

As reported in this Fox News piece, the "Senate voted late Tuesday to confirm Pam Bondi, President Donald Trump's nominee for attorney general, voting 54-46 to install the longtime prosecutor and former Florida attorney general to head the U.S. Department... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

The title of this post is the title of this new article authored by Shelley Ross Saxer now on SSRN. Here is its abstract: Forfeiture laws allow law enforcement to seize property that has been used or possessed in violation... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Sentences Reconsidered

A helpful colleague flagged for me a notable new federal district court sentence reduction opinion, US v. Cannon, No. 4:95-cr-30 (CDL), 2025 WL 326065 (MD Ga. Jan. 29, 2025). I recommend the opinion in full (though I have not found... Douglas A. Berman Federal Sentencing Guidelines FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

As detailed in links below, this past Fall I noticed and blogged about a numbers of notable federal and state sentencings for various defendants convicted of various crimes involving animals. I was reminded of this series after seeing this local... Douglas A. Berman Examples of "over-punishment" Offense Characteristics

The question in the title of this post is prompted in part by a notable opinion from last week authored by US District Judge Gary Brown in US v. Andrews, 20-CR-546 (SDNY Jan. 28, 2025) (available here). Here is a... 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 authored by Paul Robinson and Hugh Rennie now available via SSRN. Here is its abstract: News accounts routinely report the sentences imposed by judges and there are commonly... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Scope of Imprisonment

A helpful reader flagged an interesting concurring opinion in a case from Florida's Fifth District Court of Appeals which showcases a potental state echo from the Supreme Court's recent Sixth Amendment ruling in US v. Erlinger. At issue is application... Douglas A. Berman Almendarez-Torres and the prior conviction exception Blakely in the States Procedure and Proof at Sentencing Who Sentences

As reported in this AP piece, "South Carolina put a third inmate to death in four months Friday as it goes through a backlog of prisoners who exhausted their appeals while the state couldn’t find lethal injection drugs." Here is... Douglas A. Berman Death Penalty Reforms

Yesterday, the Brennan Center for Justice published this new 10-page report titled "A Federal Agenda to Promote Safety and Justice." The report, authored by Hernandez Stroud and Rosemary Nidiry, is crafted with the Trump administration and the current Congress in... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Sentences Reconsidered Who Sentences

The title of this post is the title of this notable new paper by Ian Ayres and Fredrick E. Vars now on SSRN that includes an interesting sentencing-specific proposal. Here is the paper's abstract: Lower federal courts are struggling to... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing Second Amendment issues Who Sentences

The always notable Vital City has a notable and robust new special online issue titled "Crime: Looking Back at 2024, and Ahead to 2025." I count 15 pieces in the issue which all look interesting. This introductory essay provides an... Douglas A. Berman National and State Crime Data

As reported in this CNN piece, "[f]ormer New Jersey Democratic Sen. Bob Menendez was sentenced Wednesday to 11 years in prison following his conviction on bribery and corruption charges after taking cash, a Mercedes Benz and gold bars as bribes... Douglas A. Berman Celebrity sentencings White-collar sentencing

In this post from September, I noted Adam Liptak's 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 Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Law360 recently published this review of the last president's criminal justice record authored by Marco Poggio under the headline "Biden Leaves Mixed Legacy On Criminal Justice Issues." The extended piece is effective, though necessarily summary, and it starts this way:... Douglas A. Berman Criminal justice in the Biden Administration Who Sentences

The title of this post is the title of this new paper authored by Thomas Cohen available via SSRN. Here is its abstract: In the U.S. federal system, courts have the discretion to grant early termination of supervision for people... Douglas A. Berman Data on sentencing Detailed sentencing data Purposes of Punishment and Sentencing Reentry and community supervision

Brian Nam-Sonenstein and Nell Haney have authored this new Prison Policy Initiative report titled "Bad Behavior: How prison disciplinary policies manufacture misconduct." The subheading of the report highlights its coverage and themes: Prison disciplinary systems are supposed to provide safety,... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Who Sentences