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The Prison Policy Initiative is aparently okay with one group of prisoners potentially spending longer in prison, as it has this new briefing urging clemency action to take condemned murderers off death row. The themes of the briefing is spelled... Douglas A. Berman Clemency and Pardons Death Penalty Reforms Sentences Reconsidered Who Sentences

In this recent post, I flagged a number of press pieces providing various forms and sources of advice for Prez Biden concerning how he should use his clemency power on his way out the White House door. While we await... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay just posted to SSRN and authored by Meghan Ryan. Here is its abstract: The Supreme Court’s recent opinion in Grants Pass v. Johnson condoned states’ attempts to police... Douglas A. Berman Sentences Reconsidered Who Sentences

Joe Biden has really been a lame-duck president for nearly four month since he announced in late July that he was not going to run for reelection. But with the 2024 election now completed, Prez Biden is officially at the... Douglas A. Berman Clemency and Pardons Who Sentences

As reported in this AP piece, the "Texas Supreme Court on Friday ruled that a legislative subpoena cannot stop an execution after Republican and Democratic lawmakers who say Robert Roberson is innocent used the novel maneuver to pause his execution... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new essay authored by Monu Singh Bedi now available via SSRN. Here is its abstract: Earlier this year, Jennifer and James Crumbley were convicted of manslaughter and sentenced to 10-15... Douglas A. Berman Offense Characteristics

This new Gallup piece, headlined "Drop in Death Penalty Support Led by Younger Generations: Less than half of millennials, Gen Z are in favor of it for convicted murderers," reports on its latest survey data concerning views on capital punishment.... Douglas A. Berman Death Penalty Reforms

As reported in this local article, New Jersey's Criminal Sentencing and Disposition Commission this week issued its annual report that makes four notable sentencing recommendations. Here are details and context: The group, which is made up of representatives from every... Douglas A. Berman Mandatory minimum sentencing statutes State Sentencing Guidelines Who Sentences

I just saw that late last week the Major Cities Chiefs Association released here its crime data from its on "Violent Crimes Survey" based on reports to 69 law enforcement agencies over the first nine months of 2024. These data... Douglas A. Berman National and State Crime Data

The Death Penalty Information Center has today released this new report titled "Fool’s Gold: How the Federal Death Penalty Has Perpetuated Racially Discriminatory Practices Throughout History." The title leaves little doubt about the tone and leanings of the report, and... Douglas A. Berman Data on sentencing Death Penalty Reforms Offense Characteristics Race, Class, and Gender

As reported in this Fox News piece, "President-elect Donald Trump on Wednesday announced Rep. Matt Gaetz, R-Fla., as his pick for attorney general." Here is more: If confirmed, Gaetz will head up the Justice Department after Trump is sworn in... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

As true law nerds know, the November issue of the Harvard Law Review is always focused on the Supreme Court's work in the prior Term. And it has become somewhat of an annual tradition for me to be somewhat disappointed... Douglas A. Berman Recommended reading Who Sentences

Via email, I learned of this notable new report released today by the Bureau of Justice Statistics, titled "Methamphetamine, Cocaine, and Other Psychostimulant Offenses in Federal Courts, 2022." The reportprovides details on persons arrested and convicted for a federal offense... Douglas A. Berman Data on sentencing Drug Offense Sentencing Offense Characteristics

The title of this post is the title of this new essay authored by Jesse Cheng now available via SSRN. Here is its abstract: In the Court's recent decision in United States v. Tsarnaev, Justice Thomas appears to be planting... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing

In this extended new commentary in the Atlanta Journal-Constitution, Hugh Hurwitz and Walter Pavlo discuss the importance of halfway house in the federal prison system and challenges created by the First Step Act. I recommend the piece in full, and... Douglas A. Berman Criminal Sentences Alternatives FIRST STEP Act and its implementation Prisons and prisoners

Professor Sam Merchant, in a forthcoming article to appear in the next issue of the Federal Sentencing Reporter, makes the astute point that it is hard to assess or even understand judicial sentencing discretion exericised by federal judges after Booker... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Who Sentences

Walter Pavlo has this notable new Forbes piece, headlined "Courts Continue To Hand Bureau Of Prisons Losses On First Step Act," highlighing how courts showing a lack of deference to federal agencies can be helpful to federal prisonsers. I recommend... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

The title of this post is the title of this new paper just posted to SSRN authored by Nick Cowen. Here is its abstract: This chapter discusses what crime is, why it provokes government action, and the problems of both... Douglas A. Berman Purposes of Punishment and Sentencing

The question in the title of this post likely seems a bit ridiculous. And yet this question is the issue being consider by the Supreme Court at oral argument this morning in Delligatti v. US. To be precise, here is... Douglas A. Berman Booker and Fanfan Commentary Gun policy and sentencing Mandatory minimum sentencing statutes Procedure and Proof at Sentencing Who Sentences