You are here

Feed aggregator

"Opening The Black Box"

Sentencing Law & Policy - Fri, 08/22/2025 - 14:32
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

"Due Process or Penological Purpose: Re-evaluating Retributivism in Light of Procedural Reliability and Fairness"

Sentencing Law & Policy - Fri, 08/22/2025 - 12:20
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

Eric Menedez denied parole due to "behavior in prison"

Sentencing Law & Policy - Fri, 08/22/2025 - 09:43
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

Split en banc Florida appeals court finds no First Amendment violation in "sexual predator" label on state IDs

Sentencing Law & Policy - Thu, 08/21/2025 - 18:50
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

Eleventh Circuit panel rules federal prohibition of gun possesion by medical marijuana users problematic under Second Amendment

Sentencing Law & Policy - Thu, 08/21/2025 - 09:40
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

"Second Chances and the Second Amendment: A Smarter Way to Reboot 925(c)"

Sentencing Law & Policy - Wed, 08/20/2025 - 16:58
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

New US Attorney in DC taking tough approach to charging after federal police takeover

Sentencing Law & Policy - Wed, 08/20/2025 - 13:23
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

New reporting on DOJ complaints about Prez Biden's final mass clemencies

Sentencing Law & Policy - Tue, 08/19/2025 - 23:17
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

Louisiana child rapist agrees in plea deal to being physically and chemically castrated in addition to 40 years in prison

Sentencing Law & Policy - Tue, 08/19/2025 - 22:27
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

Florida completes its tenth execution in 2025 for a murder committed over 42 years ago

Sentencing Law & Policy - Tue, 08/19/2025 - 21:49
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

Notable recent Third Circuit ruling on required process for sentence reduction motions under 18 USC § 3582(c)(2)

Sentencing Law & Policy - Tue, 08/19/2025 - 15:33
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

Intriguing reporting on pardon pushes as Prez Trump's clemency pen rests

Sentencing Law & Policy - Mon, 08/18/2025 - 16:28
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

Ethics opinion filed

Maryland Judiciary - Mon, 08/18/2025 - 14:37

US Sentencing Commission starts new series of "Crime Victims Fact Sheets"

Sentencing Law & Policy - Mon, 08/18/2025 - 11:24
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

Starting to gear up for lots of criminal law and sentencing cases during SCOTUS OT'25

Sentencing Law & Policy - Sun, 08/17/2025 - 19:53
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

"A Second Look at Second Look: Promoting Epistemic Justice in Resentencing"

Sentencing Law & Policy - Sun, 08/17/2025 - 12:42
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

Interesting discussion of "unnecessary rigor” clause in some state constitutions

Sentencing Law & Policy - Sat, 08/16/2025 - 16:49
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

Lots of notable new and updates resources from the US Sentencing Commission

Sentencing Law & Policy - Fri, 08/15/2025 - 08:39
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

New CCJ report on "Falling Through the Cracks: Gaps in Identifying Veterans on Community Supervision"

Sentencing Law & Policy - Thu, 08/14/2025 - 23:54
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

Pages

Theme by Danetsoft and Danang Probo Sayekti inspired by Maksimer