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Fri, 01/17/2025 - 15:31
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
Fri, 01/17/2025 - 12:37
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
Thu, 01/16/2025 - 14:35
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
Thu, 01/16/2025 - 02:44
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
Wed, 01/15/2025 - 17:17
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
Wed, 01/15/2025 - 13:59
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
Wed, 01/15/2025 - 13:35
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
Tue, 01/14/2025 - 22:40
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
Tue, 01/14/2025 - 21:50
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
Tue, 01/14/2025 - 13:43
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
Mon, 01/13/2025 - 16:49
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
Mon, 01/13/2025 - 16:19
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
Mon, 01/13/2025 - 15:55
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
Sun, 01/12/2025 - 11:17
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
Sun, 01/12/2025 - 10:54
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
Sat, 01/11/2025 - 12:30
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
Fri, 01/10/2025 - 11:30
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
Thu, 01/09/2025 - 23:39
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
Thu, 01/09/2025 - 17:09
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
Thu, 01/09/2025 - 11:48
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
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