Sentencing Law & Policy

As reported in this new NPR article, headlined "Justice Department broadens Jan 6 pardons to cover gun, drug-related charges," the Justice Department is now concurring with some defendants claims that Prez Trump's Jan 6 pardons covers more than Jan 6... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this Reuters piece, "Donald Trump on Thursday said he had made Alice Johnson, a Tennessee woman who was serving a life sentence for a drug crime before Trump commuted her sentence, a 'pardon czar' to advise him... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

As first mentioned in this post a few month ago, the editors of the Federal Sentencing Reporter are seeking articles for a new FSR issue on “A Justice System Crossroads: Reflecting on Biden’s Record and Projecting a Second Trump Term.”... Douglas A. Berman

The title of this post is the title of this new article authored by Sarah Lageson and Alessandro Corda which was recently published in the Harvard Journal of Law & Technology. Here is its abstract: This Article explores criminal record... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision Technocorrections

This new New York Times article, headlined "Trump May Name a Woman He Once Pardoned to Be His ‘Pardon Czar,’" reports on a notable potential development in the federal clemency arena. Here is how the article begins and ends: President... Douglas A. Berman Drug Offense Sentencing Sentences Reconsidered Who Sentences

The Prison Policy Initiative today released this notable new report titled "Cut-rate care: The systemic problems shaping 'healthcare' behind bars." This report's subtitle highlights some of its themes: "In correctional healthcare systems, care is secondary to controlling costs and avoiding... Douglas A. Berman Prisons and prisoners Who Sentences

Walter Palvo has this new piece at Forbes highlighting transitions and challenges at federal Bureau of Prisons. I recommend the full piece, headlined "Bureau Of Prisons Executives Announce Retirement Ahead Of New Director," and here are a few excertps: The... Douglas A. Berman Prisons and prisoners Who Sentences

The title of this post is the title of this new article authored by Kristen Bell now available via SSRN. Here is its abstract: Clauses in five state constitutions prohibit treating people who are arrested or confined with “unnecessary rigor.”... Douglas A. Berman Prisons and prisoners Scope of Imprisonment Sentences Reconsidered

For a host of reasons, I have already concluded that it is essentially impossible for me to keep up with, let alone blog about, all the notable and newsy criminal justice and sentencing stories giving 2025 quite a start. Consequently,... Douglas A. Berman Recommended reading

This new USA Today piece highlights that a trio of states that have not conducted many executions recently are scheduled to carry out death sentences next month: Louisiana's execution of Christopher Sepulvado on March 17 would mark the end of... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

As reported in this local article, "New U.S. Attorney General Pam Bondi has directed the Federal Bureau of Prisons to return convicted murderer John Fitzgerald Hanson to Oklahoma for execution." Here is more: "Inmate Hanson viciously murdered an innocent woman,"... Douglas A. Berman Death Penalty Reforms Prisons and prisoners Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new paper authored by William M. M. Kamin now available via SSRN. Here is its abstract: Over the Supreme Court's past four Terms, federal postconviction habeas corpus has been placed... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

One reason I have given significant attention to modern marijuana reform — and helped to start an academic center, OSU's Drug Enforcement and Policy Center, conducting research on the topic — relates to my worries that basic justice-system data and... Douglas A. Berman Criminal justice in the Trump Administration Drug Offense Sentencing Pot Prohibition Issues Prisons and prisoners Who Sentences

As reported in this AP piece, a " Texas man who killed his strip club manager and another man, then later prompted a massive lockdown of the state prison system when he used a cellphone smuggled onto death row to... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

As reported in this AP piece, a "Florida man convicted of killing a husband and wife at a remote farm in an attack witnessed by the couple’s toddler was put to death Thursday in the state’s first execution of the... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this paper recently published in Proceedings of the National Academy of Sciences and authored by Christopher Muller and Alexander Roehrkasse. Here is its abstract: Using administrative and survey data, we show... Douglas A. Berman Data on sentencing Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

The question in the title of this post is prompted by this lengthy Chicago Tribune article reporting on the results of a lengthy trial and jury deliberation under the headline "No sweep for either side, but Madigan jury’s split verdict... Douglas A. Berman Offender Characteristics Offense Characteristics Purposes of Punishment and Sentencing White-collar sentencing

The title of this post is the title of this new talk/paper authored by Paul Cassell available now via SSRN. Here is its abstract: This article, which serves as the keynote address for the 2025 University of Pacific Law Review... Douglas A. Berman Victims' Rights At Sentencing Who Sentences

A helpful lawyer made sure I saw this week's important new ruling by a Third Circuit panel in Pitsilides v. Barr, No. 21-3320 (3d Cir. Feb. 10, 2025) (available here). I highly recommend the Pitsilides ruling in full, especially because... Douglas A. Berman Gun policy and sentencing Procedure and Proof at Sentencing Second Amendment issues

I flagged in this post last week that on February 12 the US Sentencing Commission was to be conducting a public hearing "to receive testimony from invited witnesses on proposed amendments relating to the career offender guideline, firearms offenses, simplification,... Douglas A. Berman