Sentencing Law & Policy

As reported in this USA Today article, "Utah executed a death row inmate for the 1998 murder of his then-girlfriend's mother on Thursday, the 12th execution in the nation this year and the state's first since a firing squad execution... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

In this post just under two weeks ago in response to many complaints about off topic and uncivil comments, I sought to encourage more on-topic, productive and polite comments. I sense all but a few folks welcomed and were eager... Douglas A. Berman On blogging

As reported in this AP piece, a "Texas man who claimed an intellectual disability in a late attempt at a reprieve was executed Wednesday evening for the killing of a woman who was jogging near her Houston home more than... Douglas A. Berman Death Penalty Reforms

I see from the US Sentencing Commission's website a couple of notable new resources: Selected Supreme Court Cases on Sentencing Issues (August 7): This document provides brief summaries of selected Supreme Court and appellate court cases that involve the guidelines... Douglas A. Berman

I received an email today from the Society for Empirical Legal Studies providing the contents of the newest isse of the Journal of Empirical Legal Studies. This link to the September 2024 issue was also provided, and I was pleased... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences

I missed while on the road the notable Second Circuit panel ruling last week in US v. Martinez, No. 22-902-cr (2d Cir. July 30, 3034) (available here). Though I do not keep up with all reasonableness rulings in circuit courts,... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Sex Offender Sentencing Who Sentences

The New York Times has this notable new piece with quotes from a notable lawyer about the (now revoked) plea agreement that would have taken away the possibility of a death sentence for the accused mastermind of the 9/11 attacks... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

The title of this post is the title of this lengthy feature article in this month's ABA Journal. Here are some excerpts (with links from the original): Oregon, like many states, is facing a crisis in public defense because of... Douglas A. Berman Who Sentences

Multiple media outlets are now reporting that VP and Prez candidate Kamala Harris has chosen Minnesota Governor Tim Walz as her running mate. I noted in this post last month that VP Harris was a distinctive nominee given her extensive... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The question in the title of this post is prompted by this new New York Times piece headlined "How Much Alcohol Is Too Much for a Driver? Experts argue the U.S. drunk-driving limit is too high." I recoemmend the piece... Douglas A. Berman Drug Offense Sentencing Offense Characteristics

As reported in this CBS News piece, the "Supreme Court on Monday rejected a longshot bid by the state of Missouri to halt former President Donald Trump's impending sentence and lift the gag order imposed in the New York 'hush... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

As noted in this prior post, US Defense Secretary Lloyd Austin late Friday revoked a plea agreement that took away the possibility of a death sentence for the accused mastermind of the 9/11 attacks and two accomplices. I have seen... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

I blogged here last week on the intriguing divided Michigan Supreme Court ruling in Michigan v. Lymon, No. 164685 (Mich. July 29, 2024) (available here), which held that Michigan's state constitution precluded putting people convicted of non-sexual crimes on the... Douglas A. Berman Scope of Imprisonment Sentences Reconsidered Who Sentences

I believe that the new book co-authored by Justice Neil Gorsuch and Janie Nitze, which is titled "Over Ruled: The Human Toll of Too Much Law," is not officially available until later this week. But this New York Times piece... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

In this post, I highlighted that the Drug Enforcement and Policy Center at The Ohio State University had been releasing episodes from Season Two of the "Drugs on the Docket" podcast. (All of the first season's episodes are all still... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The Third Circuit issued a notable panel ruling yesterday that rejected a Second Amendment claim raised by a person convicted of a federal felon-in-possession charge in Third Circuit in US v. Moore, No. 23-1843 (3d Cir. Aug. 2, 2024) (available... Douglas A. Berman Gun policy and sentencing Second Amendment issues

Though posted on SSRN a few months ago, I just came across this new paper that shares a title with this post and was authored by Perry Moriearty, Kat Albrecht and Caitlin Glass. Here is its abstract: Even within the... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences

As reported in this New York Times article, "Defense Secretary Lloyd J. Austin III on Friday overruled the overseer of the war court at Guantánamo Bay and revoked a plea agreement reached earlier this week with the accused mastermind of... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

The weather contributes to the feeling that we are in the so-called dog days of summer, and this week had plenty of press dogs barking about a lot of criminal justice and sentencing topics. As always, this lengthy list is... Douglas A. Berman Recommended reading

In this post last month, I asked "Could families of crash victims disrupt the latest plea deal Boeing has accepted from the feds?". I now see via this post by Paul Cassell over at The Volokh Conspiracy that he has... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Victims' Rights At Sentencing Who Sentences