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Top New York state judge advocates for statute authorizing second-look sentencing

Sentencing Law & Policy - Mon, 02/10/2025 - 21:01
As reported in this New York Times piece, the "chief judge of New York State’s highest court urged the State Legislature on Monday to pass a bill that would allow prisoners who have been locked up for years to apply... Douglas A. Berman Sentences Reconsidered Who Sentences

Might Trump's Justice Department conclude broad prohibitions on gun possession by drug users and convicted persons are unconstitutional?

Sentencing Law & Policy - Mon, 02/10/2025 - 13:27
The question in the title of this post is prompted in part by this recent Executive Order from Prez Trump titled "Protecting Second Amendment Rights." Among its notable provisions, this EO directs Attorney General Bondi to review, inter alia, "positions... Douglas A. Berman

"Plea Bargaining Procedures Worldwide: Drivers of Introduction and Use"

Sentencing Law & Policy - Mon, 02/10/2025 - 10:26
The title of this post is the title of this new article appearing in the March 2025 article of the Journal of Empiral Legal Studies and authored by Gabriele Paolini, Elena Kantorowicz-Reznichenko and Stefan Voigt. Here is its abstract: Over... Douglas A. Berman Procedure and Proof at Sentencing Sentencing around the world

Highlighting a number of notable recent Inquest essays

Sentencing Law & Policy - Sat, 02/08/2025 - 17:19
It has been some time since I have highlighted essays from Inquest, "a decarceral brainstorm," but I recently noticed a number of newer pieces that sentencing fans may want to check out: By Carol Steiker, "Almost Anti–Death Penalty: Biden’s incomplete... Douglas A. Berman Recommended reading Who Sentences

Updated (but still partial) accounting of Prez Biden's (and others') clemency record

Sentencing Law & Policy - Sat, 02/08/2025 - 14:04
Writing for the Pew Research Center, John Gramlich's has this new updated piece that provides an overview of Prez Biden's clemency record and how it compares to prior presidents. The article is headlined "Biden granted more acts of clemency than... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Data on sentencing Sentences Reconsidered Who Sentences

North Carolina state judge rules that "race was a significant factor" in capital jury selection

Sentencing Law & Policy - Fri, 02/07/2025 - 17:41
As reported in this AP article, "racial bias tainted the decision to strike Black people from the jury pool and to impose the death penalty in the 2009 trial of a Black man in North Carolina, a judge ruled on... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Sentences Reconsidered

Shohei Ohtani’s ex-interpreter gets (within-guideline) sentence of 57 months

Sentencing Law & Policy - Fri, 02/07/2025 - 12:30
In this post a few weeks ago, titled "You be the umpire: what sentence for Shohei Ohtani’s ex-interpreter?," I inquired what folks thought should be the federal sentence for Ippei Mizuhara, the former interpreter for LA Dodgers star Shohei Ohtani... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines White-collar sentencing

Alabama completes its fourth execution by means of nitrogen gas

Sentencing Law & Policy - Thu, 02/06/2025 - 23:01
As reported in this local article, "Alabama Death Row inmate was executed tonight for the 1991 slaying of a woman in her Birmingham apartment, who he admitted killing after he got tired of hearing her beg for her life." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

US Sentencing Commission moving forward with ambitious guideline amendment plans

Sentencing Law & Policy - Thu, 02/06/2025 - 16:52
Via email, I received word from the US Sentencing Commission about new activities and resources associated with its many notable new guideline amendment proposals. Here are excerpt from the email with links to the USSC's webpage with more details: NOTICE... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

Notable lengthy new district court opinion rules US Sentencing Commission lacked authority to authorize sentence reduction based in part on "changes in law"

Sentencing Law & Policy - Thu, 02/06/2025 - 14:08
A helpful reader made sure I saw a lengthy new opinion issued today addressing the US Sentencing Commission's sentence reduction guideline, § 1B1.13(b), and particularly its provision that a "change in the law" can sometimes provide a basis for a... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

New Attorney General Bondi issues multiple memorandum, including new charging/plea/sentencing and death penalty memos

Sentencing Law & Policy - Thu, 02/06/2025 - 09:47
As reported in this Politico piece, "Pam Bondi is officially in control of the Justice Department — and she’s gone right to work. President Donald Trump’s attorney general issued a flurry of orders Wednesday just after she was sworn in,... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

Texas completes its first execution of 2025

Sentencing Law & Policy - Wed, 02/05/2025 - 22:49
As reported in this AP piece, a "Texas man convicted of beating and suffocating a Dallas area pastor in his church during a robbery was put to death Wednesday evening, the second execution in the U.S. this year and the... Douglas A. Berman Death Penalty Reforms

Spotlighting efforts to address problem of abuse survivors subject to long prison terms

Sentencing Law & Policy - Wed, 02/05/2025 - 17:06
Writing at Bolts, Lauren Gill has this notable new article focused on New Jersey developments that tap into a broader story. The full title of the piece highlights its essentials: "For Abuse Survivors, a New Path to Release from New... Douglas A. Berman Celebrity sentencings Offender Characteristics Sentences Reconsidered Who Sentences

Eighth Circuit indicates Second Amendment limits federal gun possession crimes for drug users under § 922(g)(3)

Sentencing Law & Policy - Wed, 02/05/2025 - 16:36
A helpful comment made sure I saw that the Eighth Circuit today handed down a few notable Second Amendment rulings and limits on a federal gun possession prohibition. The main substantive case, US v. Cooper, No. 24-1998 (8th Cir. Feb... Douglas A. Berman Offender Characteristics Offense Characteristics Second Amendment issues

US Senate confirms Pam Bondi to be 87th Attorney General

Sentencing Law & Policy - Tue, 02/04/2025 - 22:11
As reported in this Fox News piece, the "Senate voted late Tuesday to confirm Pam Bondi, President Donald Trump's nominee for attorney general, voting 54-46 to install the longtime prosecutor and former Florida attorney general to head the U.S. Department... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

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