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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

A divided Michigan Supreme Court, splitting 5-2, ruled earlier this week in Michigan v. Lymon, No. 164685 (Mich. Julu 29, 2024) (available here), that its state constitution precluded putting people convicted of non-sexual crimes on the state's sex-offender registry. Here... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Reentry and community supervision Sex Offender Sentencing Who Sentences

In this post last year, I noted that families of 9/11 victims had been notified that military prosecutors and defense lawyers were exploring plea deals for certain defendants that would take the death penalty off the table. Last night, as... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences