Sentencing Law & Policy

The title of this post is the title of this new article authored by Rachel Barkow just posted to SSRN. Here is its abstract: Constitutional law is typically conceived as a set of individual rights and a list of powers... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Who Sentences

I recently came acrosss a series of short policy papers released last month by the think tank R Street Institute to provide suggestions regarding a "public safety agenda" for various government entities. Here are links to the four papers in... Douglas A. Berman Who Sentences

As reported in this AP piece, "President Donald Trump on Monday pardoned former Illinois Gov. Rod Blagojevich, whose 14-year sentence for political corruption charges he commuted during his first term." Here is more: The Republican president called the Democratic former... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

As reported in this local article, "Louisiana has approved a protocol for executions by nitrogen hypoxia, which will allow death sentences to be carried out again after nearly 15 years, Gov. Jeff Landry said Monday." Here is more: Louisiana has... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Who Sentences

As reported in this New York Times piece, the "chief judge of New York State’s highest court urged the State Legislature on Monday to pass a bill that would allow prisoners who have been locked up for years to apply... Douglas A. Berman Sentences Reconsidered Who Sentences

The question in the title of this post is prompted in part by this recent Executive Order from Prez Trump titled "Protecting Second Amendment Rights." Among its notable provisions, this EO directs Attorney General Bondi to review, inter alia, "positions... Douglas A. Berman

The title of this post is the title of this new article appearing in the March 2025 article of the Journal of Empiral Legal Studies and authored by Gabriele Paolini, Elena Kantorowicz-Reznichenko and Stefan Voigt. Here is its abstract: Over... Douglas A. Berman Procedure and Proof at Sentencing Sentencing around the world

It has been some time since I have highlighted essays from Inquest, "a decarceral brainstorm," but I recently noticed a number of newer pieces that sentencing fans may want to check out: By Carol Steiker, "Almost Anti–Death Penalty: Biden’s incomplete... Douglas A. Berman Recommended reading Who Sentences

Writing for the Pew Research Center, John Gramlich's has this new updated piece that provides an overview of Prez Biden's clemency record and how it compares to prior presidents. The article is headlined "Biden granted more acts of clemency than... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Data on sentencing Sentences Reconsidered Who Sentences

As reported in this AP article, "racial bias tainted the decision to strike Black people from the jury pool and to impose the death penalty in the 2009 trial of a Black man in North Carolina, a judge ruled on... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Sentences Reconsidered

In this post a few weeks ago, titled "You be the umpire: what sentence for Shohei Ohtani’s ex-interpreter?," I inquired what folks thought should be the federal sentence for Ippei Mizuhara, the former interpreter for LA Dodgers star Shohei Ohtani... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines White-collar sentencing

As reported in this local article, "Alabama Death Row inmate was executed tonight for the 1991 slaying of a woman in her Birmingham apartment, who he admitted killing after he got tired of hearing her beg for her life." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

Via email, I received word from the US Sentencing Commission about new activities and resources associated with its many notable new guideline amendment proposals. Here are excerpt from the email with links to the USSC's webpage with more details: NOTICE... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

A helpful reader made sure I saw a lengthy new opinion issued today addressing the US Sentencing Commission's sentence reduction guideline, § 1B1.13(b), and particularly its provision that a "change in the law" can sometimes provide a basis for a... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

As reported in this Politico piece, "Pam Bondi is officially in control of the Justice Department — and she’s gone right to work. President Donald Trump’s attorney general issued a flurry of orders Wednesday just after she was sworn in,... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

As reported in this AP piece, a "Texas man convicted of beating and suffocating a Dallas area pastor in his church during a robbery was put to death Wednesday evening, the second execution in the U.S. this year and the... Douglas A. Berman Death Penalty Reforms

Writing at Bolts, Lauren Gill has this notable new article focused on New Jersey developments that tap into a broader story. The full title of the piece highlights its essentials: "For Abuse Survivors, a New Path to Release from New... Douglas A. Berman Celebrity sentencings Offender Characteristics Sentences Reconsidered Who Sentences

A helpful comment made sure I saw that the Eighth Circuit today handed down a few notable Second Amendment rulings and limits on a federal gun possession prohibition. The main substantive case, US v. Cooper, No. 24-1998 (8th Cir. Feb... Douglas A. Berman Offender Characteristics Offense Characteristics Second Amendment issues

As reported in this Fox News piece, the "Senate voted late Tuesday to confirm Pam Bondi, President Donald Trump's nominee for attorney general, voting 54-46 to install the longtime prosecutor and former Florida attorney general to head the U.S. Department... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

The title of this post is the title of this new article authored by Shelley Ross Saxer now on SSRN. Here is its abstract: Forfeiture laws allow law enforcement to seize property that has been used or possessed in violation... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Sentences Reconsidered