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Law360 has this lengthy new piece, headlined "La.'s First Nitrogen Execution Reflects Broader Method Shift," which discusses recent state execution method trends. Here are a few excerpts: Louisiana's adoption of the nitrogen gas method is part of a broader shift... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

In the (decidedly non-originalist) opinion in Williams v. New York, 337 U.S. 241 (1949), the Supreme Court rejected arguments that a defendant had a right to confront witnesses whose testimony was used against him by a judge at sentencing. The... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

In this post last month, I flagged lots of encouraging data from a number of big cities about homicide trends at the start of 2025. That post cautioned about drawing strong conclusions or having firm expectations based on "early" crime... Douglas A. Berman National and State Crime Data

The title of this post is the title of this notable new article from multiple authors just published in the journal Criminology. Here is its abstract: Based on a 2023 national YouGov survey (N = 800), we explored public support... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The question in the title of this post is prompted by this new Reuters article headlined "Exclusive: Thousands of agents diverted to Trump immigration crackdown." Here are a few excerpts from a lengthy article: Federal agents who usually hunt down... Douglas A. Berman Data on sentencing Offense Characteristics Who Sentences

This morning the US Supreme Court handed down an opinion in favor of the government on a statutory issue in Delligatti v. US, No. 23–825 (S. Ct. March 21, 2025) (available here). The opinion for the Court, authored by Justice... Douglas A. Berman Offense Characteristics Sentences Reconsidered Who Sentences

This morning the US Supreme Court handed down a unanimous opinion in favor of a federal criminal defendant on a statutory issue in Thompson v. US, No. 23–1095 (S. Ct. March 21, 2025) (available here). The opinion for the Court,... Douglas A. Berman Offense Characteristics White-collar sentencing Who Sentences

As detaled in this local article, "Oklahoma carried out its first execution of 2025 on Thursday, giving a lethal injection to a confessed killer who had said in his first interview with police that he wanted the death penalty." Here... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

As reported in this AP piece, a "Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed Thursday evening." Here is more: Prison officials said Edward James,... Douglas A. Berman Death Penalty Reforms

As reported in this new Hill piece, the "Justice Department (DOJ) plans to create a process for those with criminal convictions to restore their gun rights." Here is more: The interim rule, posted in the Federal Register Thursday, follows a... Douglas A. Berman Collateral consequences Second Amendment issues Who Sentences

The Bureau of Justice Statistics just released this new report, titled "Federal Justice Statistics, 2023," which is decribed this way in the email sent my way: The Bureau of Justice Statistics, in the Department of Justice’s Office of Justice Programs,... Douglas A. Berman Data on sentencing Detailed sentencing data Offender Characteristics Offense Characteristics

As reported in this USA Today article, "Arizona executed convicted murderer Aaron Gunches by lethal injection Wednesday, marking the first execution in the state since 2022. Gunches, 53, had sought his execution since his guilty plea for the 2002 murder... Douglas A. Berman Death Penalty Reforms Who Sentences

This morning the US Sentencing Commission sent out an email highlighing notable new materials and data now available via the USSC's website: 2024 Annual Report The Annual Report highlights the Commission’s major activities and accomplishments during fiscal year 2024 as... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

The title of this post is the title of this new paper authored by Michael O'Hear and now available via SSRN. Here is its abstract: In 2019, in Timbs v. Indiana, the United States Supreme Court held for the first... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Sentences Reconsidered Who Sentences

As reported in this local article, "Louisiana executed death row prisoner Jessie Hoffman on Tuesday evening, killing him with nitrogen gas, a method never before used in the state." Here is more: The execution was Louisiana's first in 15 years.... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms Sentences Reconsidered