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Have "Republicans Have Completely Abandoned Criminal Justice Reform"?

Sentencing Law & Policy - Wed, 07/17/2024 - 15:32
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

"Post-Chevron, Good Riddance To The Sentencing Guidelines"

Sentencing Law & Policy - Wed, 07/17/2024 - 13:54
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

US Supreme Court stays Texas execution minutes before scheduled lethal injection

Sentencing Law & Policy - Tue, 07/16/2024 - 21:24
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

Is Senator Bob Menendez now facing a de facto life sentence after being convicted by a jury on all 16 federal corruption counts?

Sentencing Law & Policy - Tue, 07/16/2024 - 13:36
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

Freeman v. State

Maryland Judiciary - Tue, 07/16/2024 - 12:20

"Confronting Failures of Justice: Getting Away with Murder and Rape"

Sentencing Law & Policy - Tue, 07/16/2024 - 09:13
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

Split Fifth Circuit panel holds that "changes in the law" can be a basis for sentence reduction under § 3582(c)(1)(A)(i)

Sentencing Law & Policy - Mon, 07/15/2024 - 22:13
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

What might a Vice President JD Vance mean for criminal justice reform and drug policy?

Sentencing Law & Policy - Mon, 07/15/2024 - 17:00
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

Are all past and present "special counsel" prosecutions now subject to new scrutiny?

Sentencing Law & Policy - Mon, 07/15/2024 - 11:40
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

US Sentencing Commission this morning conducting "Public Hearing on Retroactivity" for its proposed 2024 guideline amendments

Sentencing Law & Policy - Mon, 07/15/2024 - 08:16
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

Latest episode of "Drugs on the Docket" podcast engages with David Pozen and his new book, The Constitution of the War on Drugs

Sentencing Law & Policy - Sun, 07/14/2024 - 09:45
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

A distinct project for 2025 focused on criminal justice reform

Sentencing Law & Policy - Sat, 07/13/2024 - 21:30
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

Should sentencing reform advocates have a rooting interesting in Donald Trump's running mate selection?

Sentencing Law & Policy - Fri, 07/12/2024 - 16:04
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

"Lowering Jail Populations Safely Before, During, and After COVID-19: Updated Findings on Jail Reform, Violent Crime and the COVID-19 Pandemic"

Sentencing Law & Policy - Fri, 07/12/2024 - 15:41
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

"You be the judge" and learn about sentencing in England and Wales

Sentencing Law & Policy - Fri, 07/12/2024 - 13:05
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 Demand for Democracy in Sentencing"

Sentencing Law & Policy - Thu, 07/11/2024 - 16:54
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

"Past, Prologue, and Constitutional Limits on Criminal Penalties"

Sentencing Law & Policy - Thu, 07/11/2024 - 10:42
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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