The title of this post is the title of this new essay now available via SSRN authored by Jessica Eaglin. Here is its abstract: In response to the tenth anniversary of the Ferguson uprisings, this Essay examines how the protests...
Douglas A. Berman
Procedure and Proof at Sentencing
Race, Class, and Gender
Technocorrections
Who Sentences
The title of this post is tht title of this new paper authored by Lucas Brolin that I just came across via SSRN. Here is its abstract: Capital punishment presents an inherent tension between due process and retributive justice: When...
Douglas A. Berman
Death Penalty Reforms
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
As reported in this CBS News piece, headlined "Lyle Menendez set for parole board hearing day after brother was denied," California parole practices are getting significant attention thanks to a couple of high-profile hearings. Here are some details: After the...
Douglas A. Berman
Celebrity sentencings
Sentences Reconsidered
Who Sentences
In this post from January 2025, I flagged a ruling by Florida’s Fifth District Court of Appeal holding that a state requirement for convicted sexual predators to have the words "SEXUAL PREDATOR" on their driver’s licenses violated their First Amendment...
Douglas A. Berman
Collateral consequences
Sex Offender Sentencing
An Eleventh Circuit panel issued a notable Second Amendment ruling yesterday in Florida Commissioner of Agriculture, et al. v. Attorney General of the United States, et al., No. 22-13893 (11th Cir. Aug. 20, 2025) (available here). Though the case is...
Douglas A. Berman
Gun policy and sentencing
Second Amendment issues
The title of this post is the title of this new paper available via SSRN authored by Ian Ayres and Fredrick Vars. Here is its abstract: In February of this year, we published a call for the government to relaunch...
Douglas A. Berman
Collateral consequences
Second Amendment issues
In this post last week, I asked "Will Prez Trump's federal take-over of DC police lead to more federal charges and sentencings?". This new New York Times article, headlined "Pirro Orders Office to Maximize Criminal Charges on Street Arrests," certainly...
Douglas A. Berman
Criminal justice in the Trump Administration
Who Sentences
Based on newly public emails, there are two new articles about Justice Department official in January of this year complaing about one set of out-going Prez Biden's mass clemency actions: From the New York Post, "Biden DOJ ripped White House...
Douglas A. Berman
Clemency and Pardons
Sentences Reconsidered
Who Sentences
A helpful reader sent me this notable local article from Louisiana about a sex offender plea deal with some notable terms. Here are the details: A Leesville man agreed to be physically and chemically castrated as part of a plea...
Douglas A. Berman
Criminal Sentences Alternatives
Procedure and Proof at Sentencing
Sex Offender Sentencing
Who Sentences
As reported in this AP piece, a "man convicted of abducting a woman from a Florida Panhandle insurance office and killing her received a lethal injection Tuesday evening in the state’s record 10th execution this year." Here is more: Kayle...
Douglas A. Berman
Death Penalty Reforms
I just came across a notable ruling from a Third Circuit panel late last week in US v. Harmon, No. 24-2057 (3d Cir. Aug. 14, 2025) (available here) addressing the required process for the adjudication of sentence reduction motions under...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentences Reconsidered
As detailed on this page at DOJ's Office of the Pardon Attorney, Prez Donald Trump was quite active with his clemency pen at the start of his second term in the Oval Office. In fact, he granted multiple pardons in...
Douglas A. Berman
Clemency and Pardons
Criminal justice in the Trump Administration
Sentences Reconsidered
Who Sentences
I was pleased to see a number of new items on the US Sentencing Commission's website this morning, including the announcement of new "Crime Victims Fact Sheets." The USSC website front page describes the new work as a new series...
Douglas A. Berman
Data on sentencing
Detailed sentencing data
Victims' Rights At Sentencing
Over at SCOTUSblog, Rory Little has this notable new post, titled "The hidden prevalence of criminal law at the Supreme Court." which discusses that many "civil" cases taken up by the Justices have "criminal law implications." That post looks back...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
The title of this post is the title of this new article recently posted to SSRN and authored by Katharine Skolnick. Here is its abstract: Despite an increasing number of critiques from many commentators-abolitionists, social scientists, and fiscal conservatives among...
Douglas A. Berman
Purposes of Punishment and Sentencing
Sentences Reconsidered
A new essay here from the Behind The Bench Newsletter has LawProf Kristen Bell discussing her interesting historical work regarding an interesting limit on state powers in some state constitutions. The essay is worth a full read, and here are...
Douglas A. Berman
Sentences Reconsidered
Who Sentences
The US Sentencing Commission continue to keep busy over the dog days of summer as evidenced by this week's publication of a bunch of new and updated reports on an array of federal sentencing topics. Here are the basics from...
Douglas A. Berman
Data on sentencing
Detailed sentencing data
Federal Sentencing Guidelines
Who Sentences
The Council on Criminal Justice is continuing to produce notable new reports on veterans and criminal justice systems. The latest CCJ report, available here, is titled "Falling Through the Cracks: Gaps in Identifying Veterans on Community Supervision." Here is the...
Douglas A. Berman
Offender Characteristics
Reentry and community supervision
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