The quesiton in the title of this post is drawn from the statement quoted above that serves as the headline of this lengthy new Reason piece. Here are excerpts: The Republican Party wants you to be afraid. Very, very afraid....
Douglas A. Berman
Campaign 2024 and sentencing issues
Elections and sentencing issues in political debates
Who Sentences
The ttile of this post is the title of this notable new Law360 commentary authored by Mark Allenbaugh, Doug Passon and Alan Ellis. The extended piece covers a lot of ground at the intersection of administrative law and the guidelines,...
Douglas A. Berman
Federal Sentencing Guidelines
Procedure and Proof at Sentencing
Who Sentences
As reported in this AP article, the "U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help...
Douglas A. Berman
Death Penalty Reforms
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
The question in the title of this post is prompted by this news via Bloomberg Law: " US Senator Bob Menendez, the powerful New Jersey Democrat, was found guilty of corruption charges related to the FBI seizure of 13 gold...
Douglas A. Berman
Celebrity sentencings
Federal Sentencing Guidelines
White-collar sentencing
The title of this post is the title of this notable forthcoming book authored by Paul Robinson, Jeffrey Seaman and Muhammad Sarahne. The authors have posted the front matter and Chapter 1 of the text here at SSRN, where one...
Douglas A. Berman
National and State Crime Data
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
Who Sentences
A helpful colleague made sure I did not miss a notable new panel decision from the Fifth Circuit in US v. Jean, No. 23-40463 (5th Cir. July 15, 2024) (available here). The case concerns the long-simmering question of whether "changes...
Douglas A. Berman
Implementing retroactively new USSC crack guidelines
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
Former President Donald Trump, in a post on Truth Social today, stated that he has "decided that the person best suited to assume the position of Vice President of the United States is Senator J.D. Vance of the Great State...
Douglas A. Berman
Campaign 2024 and sentencing issues
Elections and sentencing issues in political debates
Who Sentences
I am not an expert or even knowledgeable concerning all the legal arguments that surround the appointment of special federal counsel to prosecute various notable persons under not-so-special federal criminal law. But I do know that former President Donald Trump...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
As detailed in this official notice, the United States Sentencing Commission is scheduled this morning to begin a public hearing "for the Commission to gather testimony from invited witnesses concerning whether to designate as retroactive certain 2024 guideline amendments relating...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
In this post from last month, I highlighted that the Drug Enforcement and Policy Center at The Ohio State University had started releasing episodes from Season Two of the "Drugs on the Docket" podcast. (All of the first season's episodes...
Douglas A. Berman
Drug Offense Sentencing
Sentences Reconsidered
Who Sentences
This past week I saw a notable policy document from the Justice Action Network, titled "Federal Criminal Justice Reform: Options For Policymakers 2025-2029." This 28-page document aspires to serve "as a guide for actionable policies, with bipartisan support, that will...
Douglas A. Berman
Campaign 2024 and sentencing issues
Elections and sentencing issues in political debates
Purposes of Punishment and Sentencing
Reentry and community supervision
Who Sentences
Almost exactly eight years ago today, I posted here under the title "Scouting Mike Pence on criminal justice: likely Trump VP pick with notably mixed reform record." Sixth month later, after Mike Pence became Vice President, I had this post...
Douglas A. Berman
Campaign 2024 and sentencing issues
Elections and sentencing issues in political debates
Who Sentences
The title of this post is the title of this new research brief authored by Sana Khan, Emily West, Stephanie Rosoff of the CUNY Institute for State & Local Governance. This executive summary explains the research and reports these key...
Douglas A. Berman
Impact of the coronavirus on criminal justice
National and State Crime Data
Prisons and prisoners
I was pleased and intrigued to trip across this recent news piece headlined "New website puts the public in the judge’s chair." Here are the particulars: You be the Judge gives people the opportunity to watch six shortened, dramatised cases...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentencing around the world
The title of this post is the title of this new essay now available via SSRN authored by Con Reynolds and Judge Carlton Reeves (who are, as noted at SSRN, "currently employed by and/or appointed to lead the United States...
Douglas A. Berman
Federal Sentencing Guidelines
Purposes of Punishment and Sentencing
Who Sentences
The title of this post is the title of this new article authored by Maria Hawilo and Laura Nirider recently published in the Journal of Criminal Law and Criminology. (I just came across this article thanks to this new Slate...
Douglas A. Berman
Purposes of Punishment and Sentencing
Sentences Reconsidered
Who Sentences
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