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As noted in this prior post, I have started a series of posts here on the topic of "Booker at 20," partially in conjunction with a forthcoming issue of the Federal Sentencing Reporter on the topic. Helpfully, a few FSR... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Data on sentencing Detailed sentencing data Who Sentences

I have just finished listening to today's hearing as part of the state court sentencing in Trump v. New York, at the end of which he received the expected sentence of "unconditional discharge." The event was full of interesting elements... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

Via this order, the Supreme Court this afternoon turned back Prez-Elect Donald Trump's motion to stay his state court sentencing in Trump v. New York. The Court was divided 5-4, and her is the full order: The application for stay... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Just over nine months ago via this post, I set out a call for papers as part of plans to produce a new Federal Sentencing Reporter issue on "Booker at 20." That post noted it was way back in January... Douglas A. Berman Booker and Fanfan Commentary Booker in district courts Booker in the Circuits

The title of this post is the title of this new article authored by William Berry III now available via SSRN. Here is its abstract: The United States Supreme Court has applied the Eighth Amendment in two ways with respect... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Anyone and everyone following Second Amendment litigation since the Supreme Court's landmark Bruen ruling knows that it is not a question of whether, but just a matter of when, the Justices will take up challenges to various federal criminal gun... Douglas A. Berman Gun policy and sentencing Offender Characteristics Offense Characteristics Second Amendment issues Who Sentences

The Sentencing Project has long provided the most extensive coverage and data on life sentences in the US, and its latest major report on this front was released today under the title "A Matter of Life: The Scope and Impact... Douglas A. Berman Data on sentencing Detailed sentencing data Prisons and prisoners Scope of Imprisonment

The question in the title of this post is the subtitle of this new Harper's Magazine article titled "The Forever Cure." Here is an excerpt: As a wave of civil-commitment laws passed in the Nineties and Aughts, many critics questioned... Douglas A. Berman Criminal Sentences Alternatives Purposes of Punishment and Sentencing Sex Offender Sentencing

Business Insider has recently published a series of pieces focused on prison Eighth Amendment lawsuits. The full title of this leading piece provide a summary of its findings and themes: "The gutting of the Eighth Amendment: When less than 1%... Douglas A. Berman Prisons and prisoners

The title of this post is the title of this new paper now available via SSRN authored by Olwyn Conway. Here is its abstract: Restorative justice is a means of responding to harm — including criminal offenses — through active... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

As reported in this notable new NBC News piece, "[t]wo prisoners who are among the 37 federal inmates whose death sentences were commuted last month by President Joe Biden — a move that spares them from the death chamber —... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The day after Donald Trump was elected to serve a second term in the Oval Office, I asked in this post "How might Prez-Elect Trump operationalize his promise to pardon January 6 defendants?". Perhaps unsurprisingly, a lot of press outlets... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this essay authored by Brittany Deitch recently posted to SSRN. Here is its abstract: Beginning in the 1970s, as incarceration rates rose rapidly, states began implementing policies aimed at alleviating the... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

Next Monday, the Supreme Court will hear oral argument in Hewitt (et al.) v. U.S. to consider this formal question presented: Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the FSA’s enactment when... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Scope of Imprisonment Sentences Reconsidered

With help from a colleague, I can report on significant news relating to the US Sentencing Commission that goes along with the new Congress. As reported in this post, back in August 4, 2022, the Senate confirmed Prez Biden’s seven... Douglas A. Berman Criminal justice in the Biden Administration Criminal justice in the Trump Administration Federal Sentencing Guidelines Who Sentences