The title of this post is the title of this new essay from the Sentencing Matters Substack authored by Steve Chanenson. Because I am myself guilty of not giving enough attention to state sentencing systems and state sentencing commissions, I...
Douglas A. Berman
State Sentencing Guidelines
Who Sentences
I am on my last road trip for the summer, so blogging may be light this week as I am savoring a late bit of a summer as it is starting to wind down. But I have a moment to...
Douglas A. Berman
Recommended reading
The title of this post is the title of this notable new report from the Justice Innovation Lab authored by Rory Pulvino, Dan Sutton, and JJ Naddeo. Here are parts of the report's "Introduction": [W]e tested ChatGPT (model 3.5-Turbo) on...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
As reported in this AP article, a "man convicted of the 1994 killings of his wife and their two children became the ninth person put to death in Florida this year, his death Thursday marking a state record for a...
Douglas A. Berman
Data on sentencing
Death Penalty Reforms
The title of this post is the title of this new paper authored by Alexandra Natapoff and now available via SSRN. Here is its abstract: The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities...
Douglas A. Berman
Procedure and Proof at Sentencing
Race, Class, and Gender
Who Sentences
The Council of State Governments Justice Center has produced a notable new report titled "The Supervision Violations and Their Impact on Incarceration." This CSG webpage provides this overview of the report and highlights: New data from The Council of State...
Douglas A. Berman
Data on sentencing
Reentry and community supervision
Scope of Imprisonment
A busy summer continues for the US Sentencing Commission. A couple of weeks ago, as detailed here, the Commission conducted a "Public Hearing on Retroactivity" to "gather testimony from invited witnesses concerning whether to designate as retroactive certain 2025 guideline...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
Recent posts here and here highlighting terrific crime declines in the United States so far in 2025 are just part of an lengthy series of crime news posts that reported mostly sobering news from 2020 to 2022 followed by much...
Douglas A. Berman
National and State Crime Data
The title of this post is the title of this new article authored by F. Andrew Hessick and Carissa Byrne Hessick now available via SSRN. Here is its abstract: Presidents, prosecutors, and judges often announce policies on how they will...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
When SCOTUS is winding down a term in late June/early July, I typically find myself over at SCOTUSblog multiple times a day. During the Court's summer recess, though, I will not always make a habit of checking out SCOTUSblog regularly....
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
The question in the title of this post is prompted by remarkable federal criminal justice developments in the District of New Jersey. This New York Times piece, headlined "N.J. Criminal Cases Screech to a Halt as Habba’s Authority Is Challenged,"...
Douglas A. Berman
Criminal justice in the Trump Administration
Who Sentences
The title of this post is the title of this new article authored by Michael Tonry now available via SSRN. Here is its abstract: Three things foster European moderation in relation to crime and punishment. The first is the influence...
Douglas A. Berman
Sentencing around the world
I recall a number of public health researchers and others expressing concern back in summer 2022, right after the Supreme Court's landmark Second Amendment ruling in Bruen, that new changes and challenges to gun control laws could possibly contribute to...
Douglas A. Berman
Second Amendment issues
Who Sentences
In this post last month, I flagged two essays from the Sentencing Matters Substack discussing the Supreme Court's work this past Term in Esteras v. United States addressing federal supervised release decision-making. I am pleased now to continue to highlight...
Douglas A. Berman
FIRST STEP Act and its implementation
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
There is no shortage of stories about immigration detention faciltiies these days, but that coverage has not entirely crowded out other prison pieces in recent weeks. Here is a quick round up of some that recently caught my eye: From...
Douglas A. Berman
Prisons and prisoners
The title of this post is the title of this article authored by Rhys Hester in the June 2025 issue of the Criminal Law Forum. (As noted in this prior post, this journal issue is devoted to celebrating the work...
Douglas A. Berman
Advisory Sentencing Guidelines
Federal Sentencing Guidelines
Procedure and Proof at Sentencing
Purposes of Punishment and Sentencing
Who Sentences
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