Sentencing Law & Policy

The US Supreme Court this afternoon granted cert in five cases this afternoon via this order list. Only one of the five involves criminal matters, Bowe v. United States, No. 24-5438, but this one may warm the heart of post-conviction... Douglas A. Berman

After a notably modest use of his clemency powers prior to the latest election, Prez Biden is on a historic clemency tear over the last eight weeks. Today's actiona are set forth in this "Statement from President Joe Biden on... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Sentences Reconsidered Who Sentences

The Supreme Court unanimously ruled yesterday in E.M.D. Sales, Inc. v. Carrera, No. 23-217(S. Ct. Jan. 15, 2025) (available here), that a showing under the Fair Labor Standards Act calls for the "usual standard of proof in civil litigation [of]... Douglas A. Berman Procedure and Proof at Sentencing

Via this new substack post by Chris Geidner, I see that Attorney General Merrick Garland sent this letter to the Director of the Bureau of Prisons to order rescinding the the federal execution protocol "which provides for lethal injection of... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Who Sentences

I only had a chance to listen to a small portion of the hearings today in the Senate Judiciary Committee involving Prez-Elect Trump's nominee for Attorney General of the United States, Pam Bondi. What I did hear leads me to... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

Florida’s Fifth District Court of Appeal handed down an interesting ruling late last week in Crist v. Florida, No. 5D2022-2966 (5th App. Fla. Jan. 10, 2025) (available here). This press piece explains the basics effectively, and it starts this way:... Douglas A. Berman Collateral consequences Sentences Reconsidered Sex Offender Sentencing

The question in the title of this post is the title of this new essay authored by Youngjae Lee and now available via SSRN. Here is its abstract: This Essay argues that prison abolitionism is self-defeating in three ways. First,... Douglas A. Berman Prisons and prisoners Purposes of Punishment and Sentencing

The Supreme Court heard oral argument today in Thompson v. US, which has the potential to be a major white-collar criminal case because it could narow (or expand) how federal criminal law defines a "false statement." But this review of... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The day after Donald Trump was elected to serve a second term in the Oval Office, I asked in this post "How might Prez-Elect Trump operationalize his promise to pardon January 6 defendants?". Though a number of press outlets have... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As set out in this prior post, this month I am curating a series of posts with reflections on "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. Today's entry comes... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Data on sentencing

When the US Sentencing Commission's promulgated a set of proposed guideline amendments last month (details here), it also indicated in a press release that more proposed amendments might be in the works. Specifically, here were the words then of USSC... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The Supreme Court heard oral argument in Hewitt (et al.) v. U.S. to consider this formal question: "Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the FSA’s enactment when that original sentence is... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this essay authored by Barry Latzer available via SSRN. Here is its abstract: A recent report on reincarceration by the Council of State Governments Justice Center (CSG) seems to challenge prevailing... Douglas A. Berman Data on sentencing National and State Crime Data Offense Characteristics Reentry and community supervision

As set out in this prior post, I have started a series of posts here on the topic of "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. A few FSR... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this recent New York Law Journal essay by Paul Shechtman. The piece merits a full read, as it highlights recent developments on acquitted conduct sentencing and various aspects of the new... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

As noted in this prior post, I have started a series of posts here on the topic of "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. Helpfully, a few FSR... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Data on sentencing Detailed sentencing data Who Sentences

I have just finished listening to today's hearing as part of the state court sentencing in Trump v. New York, at the end of which he received the expected sentence of "unconditional discharge." The event was full of interesting elements... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

Via this order, the Supreme Court this afternoon turned back Prez-Elect Donald Trump's motion to stay his state court sentencing in Trump v. New York. The Court was divided 5-4, and her is the full order: The application for stay... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Just over nine months ago via this post, I set out a call for papers as part of plans to produce a new Federal Sentencing Reporter issue on "Booker at 20." That post noted it was way back in January... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Booker in the Circuits

The title of this post is the title of this new article authored by William Berry III now available via SSRN. Here is its abstract: The United States Supreme Court has applied the Eighth Amendment in two ways with respect... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences