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Still more "Quick Facts" reports from US Sentencing Commission

Sentencing Law & Policy - Tue, 09/09/2025 - 14:16
I have failed to flag here that the US Sentencing Commission has released recently a bunch more of its terrific "Quick Facts" publications. As regular readers know, I find so very interesting all the these short data documents, which are... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Offender Characteristics Offense Characteristics

A full accounting of "The Supreme Court’s upcoming criminal cases"

Sentencing Law & Policy - Mon, 09/08/2025 - 23:52
In this post a few weeks ago, titled "Starting to gear up for lots of criminal law and sentencing cases during SCOTUS OT'25," I highlighted that the Supreme Court is already scheduled to hear many criminal law cases, including many... Douglas A. Berman Sentences Reconsidered Who Sentences

"In Their Own Words: Prosecutors On The Politics Of Backlash"

Sentencing Law & Policy - Mon, 09/08/2025 - 08:51
The title of this post is the title of this new paper authored by Joshua Davis and Whitney Taylor now available via SSRN. Here is its abstract: This article examines the rise and politicization of prosecutorial reforms in the United... Douglas A. Berman Elections and sentencing issues in political debates Who Sentences

Rounding up a mix of press pieces on a mix of criminal justice matters as summer winds down

Sentencing Law & Policy - Sat, 09/06/2025 - 10:18
I do not know why this platform was down yesterday, but I do know I have seen a wide array of intriguing pieces about matters of crime and punishment in recent days. So, making up for lost blogging time, here... Douglas A. Berman Recommended reading

Louisiana prosecutors looking to get death sentence for juvenile murderer reimposed (and to get Roper ultimately reversed)

Sentencing Law & Policy - Thu, 09/04/2025 - 14:36
As reported in this local article, headlined "State chipping away at SCOTUS ruling that outlawed death sentences for juvenile offenders," Louisiana's Attorney General is taking steps to seek reconsideration of the Supreme Court's jurisprudence precluding the death penalty for juvenile... Douglas A. Berman Death Penalty Reforms Offender Characteristics Sentences Reconsidered Who Sentences

Another disappointing story about disappointing implementation of a state compassionate release program

Sentencing Law & Policy - Thu, 09/04/2025 - 11:12
A few weeks ago, via this post, I flagged an effective press piece that detailed some ugly aspects of how New Jersey has been implementing a new state compassionate release law. Today I just saw this similar press piece regarding... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

"Fentanyl and Crack: Divergent Entanglements of Rule and Story"

Sentencing Law & Policy - Wed, 09/03/2025 - 09:41
The title of this post is the title of this new paper authored by Mark William Osler now avaialble via SSRN. Here is its abstract: The crack epidemic of the 20th century and the fentanyl epidemic of the 21st century... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Mandatory minimum sentencing statutes Offense Characteristics Race, Class, and Gender

Tenth Circuit panel devises yet another approach to divining Second Amendment rights for marijuana users

Sentencing Law & Policy - Tue, 09/02/2025 - 16:04
Last week, a divided Tenth Circuit panel handed down yet another a notable new Second Amendment opinion regarding the (un)constitutionality of federal law’s criminal prohibition of gun possession by anyone "who is an unlawful user of or addicted to any... Douglas A. Berman Second Amendment issues Who Sentences

What does AI think about the sentencing of Sam Bankman-Fried?

Sentencing Law & Policy - Tue, 09/02/2025 - 08:42
The quirky question in the title of this post is prompted by the latest essay by Jonathan Wroblewski over at the Sentencing Matters Substack. The essay, which should be read in full, is titled, "An AI Experiment — Part 1:... Douglas A. Berman Celebrity sentencings Technocorrections White-collar sentencing Who Sentences

Making the case for another way to describe releases from prison based on earned credits

Sentencing Law & Policy - Mon, 09/01/2025 - 16:37
Adam Gelb, who heads the Council on Criminal Justice, has this intriguing new Newsweek commentary concerning the term "early release." I recommend the piece in full, and here are excerpts (links from the original): "Early release" is used casually and... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

"Bail and Time-Served Plea Offers"

Sentencing Law & Policy - Sat, 08/30/2025 - 17:33
The title of this post is the title of this new article authored by Michael Smith now available via SSRN. Here is its abstract: Defendants in criminal cases are routinely detained pending trial because they are deemed dangerous. In some... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Flagging latest great episode from Season Three of "Drugs on the Docket" podcast

Sentencing Law & Policy - Fri, 08/29/2025 - 12:48
A couple of years ago, as noted in this post,the Drug Enforcement and Policy Center at The Ohio State University released all of Season One of a new podcast, "Drugs on the Docket." All six full episodes of this first... Douglas A. Berman Procedure and Proof at Sentencing Scope of Imprisonment Who Sentences

Florida completes its eleventh execution in 2025 of murderer of three people 33 years ago

Sentencing Law & Policy - Fri, 08/29/2025 - 10:09
As reported in this AP article, a "man convicted of killing his girlfriend, her mother and a man he claimed owed him $2,000 was put to death Thursday in a record 11th execution this year by the state of Florida."... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms

"Calling Balls and Three Strikes"

Sentencing Law & Policy - Thu, 08/28/2025 - 10:53
The title of this post is the title of this new article now available via SSRN and authored by Tobie Smith. Here is its abstract: The Supreme Court has revitalized the jury’s role in criminal sentencing over the past quarter... Douglas A. Berman Almendarez-Torres and the prior conviction exception Mandatory minimum sentencing statutes Offender Characteristics Procedure and Proof at Sentencing Who Sentences

In re: M.M. & A.M.

Maryland Judiciary - Thu, 08/28/2025 - 10:14

Feds quick to appeal "time served" sentence for foreign nationals involved in massive fraud with 30-year-to-life guideline range

Sentencing Law & Policy - Thu, 08/28/2025 - 09:07
This press piece, headlined "US Prosecutors Challenge 'Unusually Lenient' Sentence in HashFlare Mining Fraud," reports that federal prosecutors were quick to appeal this notable federal sentencing decision in a cryptocurrency fraud handed down this week. Here is a bit of... Douglas A. Berman Federal Sentencing Guidelines Purposes of Punishment and Sentencing White-collar sentencing

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