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Will federal prohibition on gun possession by unlawful drug users be the next Second Amendment issue taken up by SCOTUS?

Sentencing Law & Policy - Tue, 06/24/2025 - 10:02
The question in the title of this post is prompted by this new Marijuana Moment article headlined "Letting Marijuana Users Have Guns Poses ‘A Clear Danger,’ Trump’s Solicitor General Tells Supreme Court." The article reviews much of the recent lower... Douglas A. Berman Drug Offense Sentencing Gun policy and sentencing Second Amendment issues Sentences Reconsidered Who Sentences

"Ideological Testing"

Sentencing Law & Policy - Mon, 06/23/2025 - 19:50
The title of this post is the title of this new article now available via SSRN authored by Renagh O'Leary. Here is its abstract: This Article describes and critiques a practice I call the ideological testing of criminal defendants. Ideological... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing

Three notable new pieces from The Marshall Project

Sentencing Law & Policy - Mon, 06/23/2025 - 14:35
I likely should make even more of an effort to flag here the always great work done by the folks at The Marshall Project, and three new original pieces prompts me to do this quick round up. All three of... Douglas A. Berman Prisons and prisoners Sex Offender Sentencing

SCOTUS grants cert to address whether prisoner can seek money damages under RLUIPA

Sentencing Law & Policy - Mon, 06/23/2025 - 09:51
This morning's Supreme Court orders list is quite short, but it is also sweet for one prisoner who is seeking damages from Louisiana prison official for a violation of his rights under the Religious Land Use and Institutionalized Persons Act.... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing

US Sentencing Commission publishes "2025 Amendments in Brief"

Sentencing Law & Policy - Sun, 06/22/2025 - 08:31
The US Sentencing Commission has recently published on this USSC webpage five short new documents as part of its helpful "Amendment in Brief" series. As explained on that page, "'Amendments In Brief' are short summaries, usually one to two pages,... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

"State Constitutional Limits on Nitrogen Hypoxia Executions"

Sentencing Law & Policy - Sun, 06/22/2025 - 08:21
The title of this post is the title of this new article authored by William W. Berry III now available via SSRN. Here is its abstract: In January 2024, the state of Alabama executed Kenneth Smith with nitrogen gas. One... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms Sentences Reconsidered Who Sentences

Checking in with police homicide data in big US cities at start of summer 2025

Sentencing Law & Policy - Sat, 06/21/2025 - 10:42
In this post a couple months ago, I rounded up a lot of encouraging police data on homicide rates through the first quarter of 2025. As summer officially gets started, it seemed a good time to update some of these... Douglas A. Berman

"Compassionate Undercharging"

Sentencing Law & Policy - Fri, 06/20/2025 - 11:30
The title of this post is the title of this new article authored by Michal Buchhandler-Raphael and available via SSRN. Here is its abstract: Undercharging, a common prosecutorial tactic, refers to the strategic pursuit of lesser charges than the law... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Who Sentences

By 7-2 vote, Supreme Court holds in Esteras that federal judges cannot consider retribution factors when revoking supervised release

Sentencing Law & Policy - Fri, 06/20/2025 - 10:14
The Supreme Court this morning handed down a notable sentencing opinion this morning in Esteras v. United States, No. 23-7483 (S. Ct. June 20, 2025) (available here). The vote as 7-2, and the opinion for the Court was authored by... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision

Wait continues for two SCOTUS sentencing cases as OT 24 winds down

Sentencing Law & Policy - Wed, 06/18/2025 - 17:13
In what will be among its last few opinion days of October Term 2024, the US Supreme Court this morning released five opinions. The only criminal justice related case decided today involved a procedural issue for a prisoner's suit, as... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Colorado Gov grants (mass?) pardon to those with certain psychedelics convictions

Sentencing Law & Policy - Wed, 06/18/2025 - 16:35
As reported in this Marijuana Moment article, the "governor of Colorado has announced a first-ever round of mass pardons for people with psilocybin-related convictions." Here is more: Just about two weeks after Gov. Jared Polis (D) signed a bill into... Douglas A. Berman Clemency and Pardons Data on sentencing Drug Offense Sentencing Who Sentences

In 5-4 split ruling, SCOTUS holds prisoner has jury trial right on a PLRA exhaustion issue

Sentencing Law & Policy - Wed, 06/18/2025 - 10:49
In a ruling certain to be far less discussed that many other issued by the Supreme Court today, the Justices held by a 5-4 vote in Perttu v. Richards, No.23-1324 (S. Ct. June 18, 2025) (available here), that a prisoner... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Who Sentences

Federal Bureau of Prisons announces new policies to "avoid wasting millions of taxpayer dollars on unnecessary incarceration"

Sentencing Law & Policy - Wed, 06/18/2025 - 09:02
I just saw this morning this new one-page press release from the federal Bureau of Prisons titled "Bureau of Prisons Issues Directive to Fully Implement First Step Act and Second Chance Act." The release merits a full read, and here... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

US Sentencing Commission releases new "Quick Facts" on "Prison Contraband"

Sentencing Law & Policy - Tue, 06/17/2025 - 11:22
I am pleased to see that the US Sentencing Commission is continuing to release new "Quick Facts" publications, today with a "special edition" focused on prison contraband. (Long-time readers know I cannot praise the USSC enough for producing these convenient... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Prisons and prisoners

"Public Defenders and Collective Action"

Sentencing Law & Policy - Tue, 06/17/2025 - 11:16
The title of this post is the title of this new paper available via SSRN and authored by Nirej Sekhon. Here is its abstract: It is clear that American carceral policy is excessively harsh, but it is unclear how to... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Reviewing some pros and cons as prisons widely embrace electronic tablets

Sentencing Law & Policy - Mon, 06/16/2025 - 17:25
Law360 has this lengthy new piece, headlined "Electronic Tablets Allow Inmates To Connect — With A Cost," which provides an interesting perspective on how a new technology is being used in prisons. I recommend the full piece, and here are... Douglas A. Berman Prisons and prisoners Technocorrections

CCJ and RAND announce launch of "Task Force on Artificial Intelligence" to examine AI in CJS

Sentencing Law & Policy - Mon, 06/16/2025 - 12:17
As detailed in this press release, the "Council on Criminal Justice (CCJ), in partnership with RAND, today announced the launch of a national task force to develop standards and evidence-based recommendations for the integration and oversight of artificial intelligence (AI)... Douglas A. Berman AI in criminal justice systems Technocorrections Who Sentences

"Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities"

Sentencing Law & Policy - Mon, 06/16/2025 - 08:36
The title of this post is the title of this new article authored by Brandon Mordue now available via SSRN. Here is its abstract: The idea that one’s punishment should depend on the crime committed rather than which judge happens... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered

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