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"Encouraging Desistance Using Second Chance Mechanisms"

Sentencing Law & Policy - Thu, 03/27/2025 - 13:20
The title of this post is the title of this forthcoming book chapter authored by Isabella Polito and Colleen M. Berryessa. Here is its abstract: High rates of recidivism in the age of mass incarceration have prompted efforts for more... Douglas A. Berman Prisons and prisoners Purposes of Punishment and Sentencing Sentences Reconsidered

Rounding up lots of different criminal justice pieces catching my eye

Sentencing Law & Policy - Wed, 03/26/2025 - 21:28
I am going to be off-line more than usual in the coming days, and so a round-up of some piece catching my eye that I won't have time to cover in distinct posts seems in order. And so: From Bolts,... Douglas A. Berman Recommended reading

"Disenfranchisement Creep"

Sentencing Law & Policy - Wed, 03/26/2025 - 17:54
The title of this post is the title of this new article now available via SSRN and authored by Bryna Godar. Here is its abstract: Under federal law, states decide whether people lose their voting rights as a result of... Douglas A. Berman Collateral consequences Who Sentences

In "ghost gun" case, Justice Kavanaugh suggests due process defense "based on lack of fair notice" for potential federal firearm crimes

Sentencing Law & Policy - Wed, 03/26/2025 - 12:41
The Supreme Court this morning decided the so-called "ghost gun" case, Bondi v. Vanderstok, No. 23-852 (March 26, 2025) (available here), which addressed the lawfulnees of an ATF rule interpreting the Gun Control Act of 1968 to cover weapon parts... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Who Sentences

Texas DA gives up capital charges for plea from El Paso Walmart mass murderer

Sentencing Law & Policy - Tue, 03/25/2025 - 19:14
As reported in this local article, "El Paso District Attorney James Montoya campaigned for the job saying he would pursue the death penalty against the 26-year-old gunman who killed 23 people in a local Walmart in 2019 and said he... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

Prez Trump pardons former business partner of Hunter Biden convicted in 2018

Sentencing Law & Policy - Tue, 03/25/2025 - 17:35
As reported in this AP piece, "President Donald Trump on Tuesday pardoned a former business partner of Hunter Biden who was convicted of participating in a conspiracy to defraud a Native American tribe." Here is more: Devon Archer later became... Douglas A. Berman Celebrity sentencings Clemency and Pardons Sentences Reconsidered Who Sentences

"Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin"

Sentencing Law & Policy - Tue, 03/25/2025 - 15:50
The title of this post is the title of this new article by Clark Neily that serves as the cover story of the latest issue of the Cato Institute's Free Society magazine. Here is how the article begins: The Bill... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences

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