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Congress passes Federal Prison Oversight Act after Senate approves bill by unanimous consent

Sentencing Law & Policy - Thu, 07/11/2024 - 08:32
In these partisan times, Congress has shown yet again that some forms of criminal justice reform can garner not just bipartisan support, but near unanimous support. This AP article, headlined "Congress OKs bill overhauling oversight of troubled federal Bureau of... Douglas A. Berman Prisons and prisoners Who Sentences

Catching up with the Texas prisoner suing for a right for more sleep

Sentencing Law & Policy - Wed, 07/10/2024 - 16:25
In this round-up post a few months ago, I noted a story about a Fifth Circuit ruling enabling a a Texas prisonser to continue with his Eighth Amendment lawsuit that his prison's schedule and conditions leaves too little time for... Douglas A. Berman Prisons and prisoners

Encouraging steps reported in Justice Department's latest annual report on First Step Act implementation

Sentencing Law & Policy - Wed, 07/10/2024 - 14:13
I just today saw that the US Department of Justice has released its latest yearly update on the implementation of the First Step Act under the thritting title "First Step Act Annual Report, June 2024." This 50-page report has this... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

Noting just some of the continuing litigation and uncertainty about gun rights after Rahimi

Sentencing Law & Policy - Wed, 07/10/2024 - 12:47
This week has brought some new press pieces capturing some of the uncertainty about Second Amendment limits on federal criminal prohibtions of gun possessiom after the Supreme Court's ruling last month in Rahimi. Here are links to the pieces and... Douglas A. Berman Offender Characteristics Offense Characteristics Second Amendment issues

Interesting gendered jury history in the application of the death penalty

Sentencing Law & Policy - Tue, 07/09/2024 - 20:42
Via the Smithsonian Magazine, I came across this fascinating piece about juries and capital punishment history headlined "How All-Female ‘Juries of Matrons’ Shaped Legal History." I recommend the piece in full, and here are some excerpts: For more than 700... Douglas A. Berman Death Penalty Reforms Offender Characteristics Race, Class, and Gender Who Sentences

How Kisor rolls: Third Circuit rejects guideline commentary in child porn sentencing

Sentencing Law & Policy - Tue, 07/09/2024 - 15:45
I have blogged in the past about how the Supreme Court's ruling in Kisor v. Wilkie, which recast for federal courts the deference they give to agencies in construing agency regulations, has rippled in uneven and unpredictable ways through circuit... Douglas A. Berman Federal Sentencing Guidelines Offense Characteristics Procedure and Proof at Sentencing Sex Offender Sentencing

Reinstatement of Tauber

Maryland Judiciary - Tue, 07/09/2024 - 12:32

Town of Bel Air v. Bodt

Maryland Judiciary - Tue, 07/09/2024 - 12:10

CCJ launches new nonpartisan national panel titled "Women’s Justice Commission."

Sentencing Law & Policy - Tue, 07/09/2024 - 10:51
I received a press release early this morning informing me that the Council on Criminal Justice (CCJ) today was launching a new "initiative to document and raise awareness of the distinctive needs of women in the criminal justice system and... Douglas A. Berman Offender Characteristics Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

Could families of crash victims disrupt the latest plea deal Boeing has accepted from the feds?

Sentencing Law & Policy - Mon, 07/08/2024 - 19:05
The question in the title of this post is prompted by some notable new corporate news that is also a federal sentencing story. This AP piece, headlined "Boeing accepts a plea deal to avoid a criminal trial over 737 Max... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Victims' Rights At Sentencing Who Sentences

A new (sub)space for more sentencing commentary from more voices

Sentencing Law & Policy - Mon, 07/08/2024 - 08:42
I am pleased to highlight today a new place and spece for sentencing discussions, Sentencing Matters Substack. In this first posting at that location, I provide a bit of the origin story and vision for this new endeavor: This is... Douglas A. Berman Federal Sentencing Guidelines On blogging Recommended reading

How many US Presidents have been a local prosecutor? Who was last major party candidate with this pedigree?

Sentencing Law & Policy - Sun, 07/07/2024 - 15:49
It is perhaps a bit early to start thinking about the potential criminal justice policies of the various folks who might replace President Joe Biden as the Democratic Party 2024 nominee for President. (Or is it? is it? is it?)... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

Intriguing criminal justice reform talk from across the pond from new UK prime minister

Sentencing Law & Policy - Sun, 07/07/2024 - 13:44
Realizing that, conincidently on US Independence Day, the Brisish elected a new Partiment and Prime Minister, I was epsecially intrigued by this new BBC article headlined "We have too many prisoners, says new PM Starmer." I recommend the piece in... Douglas A. Berman Scope of Imprisonment Sentencing around the world Who Sentences

Highlighting an era of federal sentencing with "hits" from the Federal Sentencing Reporter

Sentencing Law & Policy - Sat, 07/06/2024 - 15:31
The visionary work of founding editors Daniel J. Freed and Marc L. Miller launched the Federal Sentencing Reporter back in summer 1988 when the federal sentencing guidelines were just starting to be used in federal courts and when the very... Douglas A. Berman Federal Sentencing Guidelines Recommended reading

Noting recent clemency grants and broader clemency record of Michigan Gov Whitmer

Sentencing Law & Policy - Fri, 07/05/2024 - 19:28
This new local press article, headlined "Whitmer grants clemency to 5, including two first-degree murder convicts, but not DeLisle," caught my attention in part because the Governor of Michigan is among a number of prominent Democratic officials getting extra attention... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Still more heat and less homicides in the United States as 2024 enters its second half

Sentencing Law & Policy - Fri, 07/05/2024 - 17:39
Though much of the US continues to experience high tempertures as we head into the second half of 2024, everyone should be heartened that the rising temperatures have not dramatically cooled the extraordinary downward homicide trend in the United States.... Douglas A. Berman National and State Crime Data

Shouldn't not being sentenced based on acquitted conduct be one "of the benefits of Trial by Jury"?

Sentencing Law & Policy - Thu, 07/04/2024 - 16:19
In many years past, I have leaned into feedom and liberty themes for a July 4th post (see partial round up here). But last year's July 4th post focused on acquitted conduct sentencing, and I cannot resist returning to the... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

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