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"Fines, Forfeitures, and Federalism"

Sentencing Law & Policy - Wed, 09/11/2024 - 09:39
The title of this post is the title of this recent article I just came across via SSRN and authored by Jessica Asbridge. Here is its abstract: Fines are ubiquitous in modern society, and they are imposed for both serious... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Sentences Reconsidered Who Sentences

A reminder that kicking a cat down the road can get you sentenced to years in a federal prison

Sentencing Law & Policy - Tue, 09/10/2024 - 20:11
I am a big animal lover, especially cats, and so I was struck by this notable NBC News story about a federal sentencing today in Texas for kicking a cat. The story details that this cat kicking was quite extreme... Douglas A. Berman Offense Characteristics

Rounding up some discouraging recent prison news stories from coast to coast

Sentencing Law & Policy - Tue, 09/10/2024 - 12:14
A helpful reader flagged for me a recent story about inmate deaths, and that reminded me that a number of discouraging prison stories had recently caught my eye. Here is a partial round-up: From the Chicago Cruisader, "New research links... Douglas A. Berman Prisons and prisoners

"Justice Theater in the Criminal Law Curriculum"

Sentencing Law & Policy - Tue, 09/10/2024 - 10:25
I just came across this recent article about legal education that was posted to SSRN earlier this year and is authored by Gregory Brazeal. (I wrote a little on this topic more than 20 years ago, and I still view... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading Who Sentences

Former Prez Trump goes all in on marijuana reform ... perhaps as a pregame strategy for big Prez debate

Sentencing Law & Policy - Mon, 09/09/2024 - 13:48
I have been covering over at my other blog statements by former Prez Donald Trump about marijuana reform: in this post nine days ago, I noted the social media post seemingly supportive of Florida's marijuana legalization ballot initiative; in this... Douglas A. Berman Drug Offense Sentencing Marijuana Legalization in the States Pot Prohibition Issues Who Sentences

Spotlighting new book that spotlights First Step Act compassionate release and sentence reconsideration

Sentencing Law & Policy - Mon, 09/09/2024 - 13:07
I was pleased to see that Adam Liptak today committed his Sidebar column in the New York Times to federal compassionate release issues in conjunction with US District Judge Frederic Block's new book on the topic, "A Second Chance: A... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

US Sentencing Commission releases FY 2024 third quarter sentencing data

Sentencing Law & Policy - Mon, 09/09/2024 - 09:28
The US Sentencing Commission last week released on its website its latest quarterly data report, this one labelled "3rd Quarter Release, Preliminary Fiscal Year 2024 Data Through June 30, 2024." These new data with the latest accounting of federal sentencing... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

Flagging a number of notable recent Inquest essays

Sentencing Law & Policy - Sun, 09/08/2024 - 16:07
It has been some time since I have highlighted items from Inquest, "a decarceral brainstorm," in part because the site has been recently running essays mostly focused on policing issues. But I noticed a number of more punishment-focused pieces, and... Douglas A. Berman Prisons and prisoners Reentry and community supervision

"Recidivist Organizational Offenders and the Organizational Sentencing Guidelines"

Sentencing Law & Policy - Sat, 09/07/2024 - 16:09
The title of this post is the title of this new article now available via SSRN authored by Kaleb Byars. Here is its abstract: Despite recent Congressional hearings and public attention, the question of how to fairly and efficiently punish... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

Former Prez Trump's state sentencing date push to week of Thanksgiving

Sentencing Law & Policy - Fri, 09/06/2024 - 13:26
As reported in this New York Times piece, the "judge overseeing Donald J. Trump’s criminal case in Manhattan postponed his sentencing until after Election Day, a significant victory for the former president as he seeks to overturn his conviction and... Douglas A. Berman Campaign 2024 and sentencing issues Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

On morning of scheduled federal trial, Hunter Biden attempts to enter an Alford plea

Sentencing Law & Policy - Thu, 09/05/2024 - 16:06
As reported here in the Washington Post, "President Joe Biden’s son Hunter tried to resolve his federal tax case Thursday as jury selection was about to begin, offering an Alford plea in which he maintains he is innocent but acknowledges... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing White-collar sentencing Who Sentences

"Terminating Supervision Early"

Sentencing Law & Policy - Thu, 09/05/2024 - 13:31
The title of this post is the title of this new article now available via SSRN and authored by Jacob Schuman. Here is its abstract: Community supervision is a major form of criminal punishment and a major driver of mass... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision Sentences Reconsidered

Prison Policy Initiative provides "Mass Incarceration 101: Resources to help students and teachers understand the carceral system"

Sentencing Law & Policy - Thu, 09/05/2024 - 10:11
Prison Policy Initiative have this timely new posting authored by Danielle Squillante with this full title: "Mass Incarceration 101: Resources to help students and teachers understand the carceral system: It’s back to school season, so we’ve curated information and tools... Douglas A. Berman Data on sentencing Detailed sentencing data Prisons and prisoners Scope of Imprisonment

Reviewing the state and challenges surrounding former Prez Trump's approaching state sentencing date

Sentencing Law & Policy - Wed, 09/04/2024 - 16:54
The New York Times has this lengthy new piece, headlined "In Deciding When to Sentence Trump, Judge Faces ‘Impossible’ Task," providing a reminder that former Prez Donald Trump is scheduled to be sentenced two weeks from today and all of... Douglas A. Berman Campaign 2024 and sentencing issues Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

"Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline and Other Voices Touched by Violence"

Sentencing Law & Policy - Wed, 09/04/2024 - 14:10
The title of this post is the title of this notable new huge report from the Stanford Criminal Justice Center. The email I received about the report explains that it examines "the prevalence and severity of intimate partner violence (IPV)... Douglas A. Berman Offender Characteristics Offense Characteristics Race, Class, and Gender

Exciting new "Real-Time Crime Index" website officially launched

Sentencing Law & Policy - Wed, 09/04/2024 - 08:46
Regular readers are used to seeing my references to the YTD Murder Comparison from the folks at AH Datalytics. I am excited to see that these folks now have launched a "Real-Time Crime Index." Jeff Asher has this new substack... Douglas A. Berman National and State Crime Data

"Prosecution Deferred"

Sentencing Law & Policy - Tue, 09/03/2024 - 15:31
The title of this post is the title of this recent article available on SSRN authored by Shima Baradaran Baughman and Taylor Broadbent. Here is its abstract: Deferred prosecution agreements (or DPAs) have been used with increasing frequency, particularly in... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Who Sentences

Two recent takes on the pendulum swings in recent justice reform efforts

Sentencing Law & Policy - Tue, 09/03/2024 - 10:32
In our nation, reform movements can often have a tendency to moderate over time, and that seem especially true in the criminal justice space where we can often see major (and minor) pendulum swings in reform efforts and broader politics.... Douglas A. Berman Elections and sentencing issues in political debates

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