Sentencing Law & Policy

The Sentencing Project has today released to this new report titled "Justice Delayed: The Growing Wait for Parole After a Life Sentence," and that title foreshadows its findings. Here is the start of the 24-page report's executive summary: The number... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Scope of Imprisonment Sentences Reconsidered

I briefly flagged in this post this past December some reporting on the horrific video of multiple guards assaulting prisoner Robert Brooks, who was fatally beaten while handcuffed at Marcy Correctional Facility in Oneida, New York. Now, as reported in... Douglas A. Berman Offender Characteristics Offense Characteristics Who Sentences

The title of this post is the title of this new paper authored by Christopher Lewis now available via SSRN. Here is its abstract: In this paper, I operationalize the classical retributive formulation of proportionality — Lex Talionis, or "an... Douglas A. Berman Purposes of Punishment and Sentencing

In this Truth Social post last night, Prez Donald Trump stated: "I am directing the Bureau of Prisons, together with the Department of Justice, FBI, and Homeland Security, to reopen a substantially enlarged and rebuilt ALCATRAZ, to house America’s most... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners

Timothy Head has this new commentary under the headline "Trump’s First Step Act Was a Monumental Success. His New Administration Has a Chance to Build On It." I recommend the full piece, and here are excerpts (with links from the... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Reentry and community supervision Who Sentences

As detailed in this post a few weeks ago, the US Sentencing Commission voted to submit to Congress a set of notable new amendments to the US sentencing guidelines, policy statements, and commentary. Last week, the Commission formally posted here... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

Regular readers know I am a huge fan of the US Sentencing Commission's "Quick Facts" publications, which "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format." The Commission typically updates these great short... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Prisons and prisoners

The title of this post is the title of this new essay authored by Kevin Reitz now available via SSRN. Here is its abstract: This essay explores Michael Tonry's treatment of sentencing law and policy within the U.S. as an... Douglas A. Berman State Sentencing Guidelines Who Sentences

I have flagged in recent posts here and here and here that persons convicted of various white-collar offenses are now those most likely to be getting the benefit of Prez Trump's clemency pen. And via this new Washington Post piece,... Douglas A. Berman Clemency and Pardons Fines, Restitution and Other Economic Sanctions Sentences Reconsidered White-collar sentencing

As reported in this AP piece, an "Army combat veteran whose Gulf War experience triggered severe mental problems was executed Thursday evening in Florida for the 1998 shotgun slayings of his girlfriend and her three young children." Here is more:... Douglas A. Berman Data on sentencing Death Penalty Reforms

In this post a couple of weeks ago, I spotlighted some encouraging homicide data from a number of big cities. But I got access to this data only via a patchwork of (inconsistent) city-level police reports. Helping the crime data... Douglas A. Berman National and State Crime Data

The Death Penalty Information Center yesterday released this big new report about capital sentencing and execution trends for young people over the last two decades, with a particular attention focused on those aged 18 to 20. (An overview of the... Douglas A. Berman Data on sentencing Death Penalty Reforms Detailed sentencing data Offender Characteristics Race, Class, and Gender

As detailed in this press release, earlier this month the U.S. Commission on Civil Rights releases this new report, "Enforcing Religious Freedom in Prisons," which serves as an update to the Commission’s 2008 report of the same name. As explained... Douglas A. Berman Prisons and prisoners

In this post yesterday, I noted that I had not been able to find analyses looking closely at all of the Trump Administration's actions in the criminal justice enforcement and sentencing space over its first 100 days, and I suggested... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

The title of this post is the title of this new paper authored by multiple folks at Yale Law School and now available via SSRN. Here is its abstract: In the federal system, judges have authority to sentence individuals to... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision

I have not been able to find today any new press pieces or other analyses looking closely at what the Trump Administration has done with respect to traditionally criminal justice enforcement and sentencing over its first 100 days. (Excitingly, the... Douglas A. Berman Criminal justice in the Biden Administration Criminal justice in the Obama Administration Criminal justice in the Trump Administration Prisons and prisoners

The title of this post is the title of this new article now available via SSRN authored by Eric Fish and Chesa Boudin. Here is its abstract: Debates over the separation of powers in criminal law ignore defense lawyers. Prosecutors,... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

A number of articles and commentaries which have caught my eye recently got me to thinking it would be a good time for a little round-up. So here goes: From Cato at Liberty, "Orwellian Justice: The Trial Penalty Under Fire"... Douglas A. Berman Death Penalty Reforms Prisons and prisoners Procedure and Proof at Sentencing Recommended reading

A kind reader made sure I did not miss a notable recent federal opinion authored by US District Judge Joseph Goodwin US v. Shields, No. 2:21-cr-00268 (SD WVa April 24, 2025) (available for download below). The 13-page opinion is a... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new article authored by Josiah Rutledge now available via SSRN. Here is its abstract: In modern criminal prosecutions, the determination of guilt is often little more than a formality. It... Douglas A. Berman Procedure and Proof at Sentencing