Sentencing Law & Policy

As reported in this Washington Post piece, "Virginia Gov. Glenn Youngkin (R) has granted clemency to a former Fairfax County police sergeant who fatally shot an unarmed man thought to have stolen sunglasses. Wesley Shifflett was sentenced to three years... Douglas A. Berman Clemency and Pardons Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Ethan Lowens now available via SSRN. Here is its abstract: Many of the most widely discussed and influential criminal legal reform proposals of the last several... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

As reported in this AP piece, "Alabama Gov. Kay Ivey commuted the death sentence of Robin 'Rocky' Myers to life in prison Friday, saying there were enough questions about his guilt that she could not move forward with his execution."... Douglas A. Berman Clemency and Pardons Death Penalty Reforms Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Daniel Loehr now available via SSRN. Here is its abstract: Habitual offender laws are widely understood to have emerged from the toughon-crime movement in the late... Douglas A. Berman Offender Characteristics Purposes of Punishment and Sentencing

The Washington Post has this new piece spotlighting praise for Prez Trump's recent announcement that Alice Marie Johnson will serve as his "pardon czar"(see prior posts here and here). Here are excerpts: As a president known for governing on whims... 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 Jacob Schuman now available via SSRN. Here is its abstract: In 2023, the Department of Justice published its first-ever report on demographic disparities in revocations of... Douglas A. Berman Race, Class, and Gender Reentry and community supervision

This new Politico piece provides an effective review of a court hearing earlier today concernng the reach and scope of Prez Trump's Jan 6 pardons. I recommend the full piece, and here are excerpts (with links from the original): Three... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Isabella Polito and Colleen Berryessa now available via SSRN. Here is its abstract: Objective(s): This research examines how the cost of incarceration to the state and... Douglas A. Berman Scope of Imprisonment Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Isabella Polito and Colleen Berryessa now available via SSRN. Here is its abstract: Objective(s): This research examines how the cost of incarceration to the state and... Douglas A. Berman Scope of Imprisonment Sentences Reconsidered

The Supreme Court heard oral argument yesterday in Esteras v. US, No. 23-7483, which is one of a number of federal statutory interpretation criminal cases on the SCOTUS docket this Term. And this one is a sentencing case, with this... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

In this post from Friday, titled "Justice Department now asserting in some cases that Prez Trump's Jan 6 pardons covers gun and drug crimes," I noted an NPR report noting court filings from last week in which federal prosecutors asked... Douglas A. Berman Clemency and Pardons Who Sentences

While there seems to be lots of uncertainty in lots of federal executive agencies these days (including at the federal Bureau of Prisons as noted here and here), the one federal agency located in the judicial branch, the US Sentencing... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new article authored by Eve Brensike Primus now available via SSRN. Here is its abstract: The Supreme Court's haphazard approach to allocating burdens of proof in criminal procedure has created... Douglas A. Berman Procedure and Proof at Sentencing

Appeals by Oklahoma death row defendant Richard Glossip has now produced two notable opinions from the US Supreme Court. A decade ago as reported here, in a 5-4 ruling in favor of the state in Glossip v. Gross, 576 U.S.... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Another busy day with lots worth reading (and watching), but not lots of time for blogging, means another round-up post. And this one covers lots of different topics: From CBS News, "Man serving 5 life prison sentences walks free after... Douglas A. Berman

As reported in this Bloomberg Law piece, "Elizabeth Holmes lost her last-ditch effort to overturn her 2022 fraud conviction when a federal appeals court on Monday upheld the judgment against the disgraced Theranos Inc founder. A three-judge panel for the... Douglas A. Berman Celebrity sentencings Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing White-collar sentencing Who Sentences

I have blogged recently about on-going challenges and recent transitions at the federal Bureau of Prisons (post here) and also about Prez Trump appointing Alice Marie Johnson (posts here and here). Here is some newer press coverage on these two... Douglas A. Berman Clemency and Pardons Prisons and prisoners Sentences Reconsidered Who Sentences

The US Supreme Court is back in action with oral arguments this week after nearly a month off, and today's action starts with this lengthy new order list. Running 58 pages, there are many interesting elements to this order list... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper now on SSRN authored by Ignacio Cofone and Warut Khern-am-nuai. Here is its abstract: The dominant critique of fairness constraints in AI decision-making, particularly in criminal justice, is... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections Who Sentences

Though we are still weeks away from the statrt of spring, enough time has passed in 2025 for me to think it worthwhile to check out the new year's homicide data based on police reporting. Disappointingly, when discussing homicide data,... Douglas A. Berman National and State Crime Data