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Saunders v. Gilman

Maryland Judiciary - Thu, 05/22/2025 - 12:10

Supreme Court unanimously upholds broad reach of federal wire fraud prohibition

Sentencing Law & Policy - Thu, 05/22/2025 - 10:20
The Supreme Court handed down a unanimous opinion (with three interesting concurrences) this morning in Kousisis v. US, No. 23–909 (S. Ct. May 22, 2025) (available here). Here is the accounting of the votes and opinon writing: BARRETT, J., delivered... Douglas A. Berman Offense Characteristics White-collar sentencing

US Sentencing Commission releases notable new "Quick Facts" on firearm offenses

Sentencing Law & Policy - Thu, 05/22/2025 - 09:32
Earlier this week, the US Sentencing Commission released a few more of its terrific "Quick Facts" publications. As regular readers know, I find so very interesting all the these short data documents, which are designed to "give readers basic facts... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Gun policy and sentencing Offense Characteristics Second Amendment issues

"Get Rid of Pardons"

Sentencing Law & Policy - Wed, 05/21/2025 - 22:10
The title of this post is the title of this essay authored by Chad Flanders that I just saw on SSRN. Here is its abstract: Pardons and commutations are in theory compatible with the rule of law, if we see... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Coyle v. State

Maryland Judiciary - Wed, 05/21/2025 - 15:52

Taking stock of two remaining SCOTUS sentencing cases as OT24 winds down

Sentencing Law & Policy - Wed, 05/21/2025 - 12:20
The US Supreme Court is likely to hand down opinions tomorrow, and it will continue to do so on a semi-regular basis over the next six weeks as it finishes up its work for its October Term 2024. Though a... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Progressive DA Larry Krasner easily wins primary in Philadelphia on way to third term

Sentencing Law & Policy - Wed, 05/21/2025 - 09:20
As reported in this AP article, "Larry Krasner has won Philadelphia’s Democratic primary election Tuesday to continue serving as district attorney after withstanding an impeachment attempt and years of criticism by President Donald Trump and other Republicans." Here is more:... Douglas A. Berman Elections and sentencing issues in political debates Who Sentences

Texas completes execution of murderer who set store clerk on fire

Sentencing Law & Policy - Tue, 05/20/2025 - 22:45
As reported in this AP piece, a "Texas man was executed Tuesday evening, 13 years to the day of a convenience store robbery in which he set a clerk on fire in a Dallas suburb." Here is more: Matthew Lee... Douglas A. Berman Death Penalty Reforms

Noting encouraging results from "Returning Citizens Stimulus program"

Sentencing Law & Policy - Tue, 05/20/2025 - 11:13
Stateline has this new article, headlined "Cash assistance may curb recidivism among people leaving prison, study says," reporting on encouraging early results from a notable recidivism reduction program. I recommend the full article and underlying study which are briefly described... Douglas A. Berman Reentry and community supervision

Indiana completes execution of cop killer, its second since 2009

Sentencing Law & Policy - Tue, 05/20/2025 - 08:57
As reported in this press article, an "Indiana man convicted in the 2000 killing of a police officer was put to death by lethal injection early Tuesday in the state's second execution since 2009." Here is more: Benjamin Ritchie, 45,... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

"Eugenics And The Carceral State: Progressive Era Reform And The Creation Of The Modern Criminal Justice System"

Sentencing Law & Policy - Mon, 05/19/2025 - 21:33
The title of this post is the title of this new paper authored by Laura Appleman now available via SSRN. Here is its abstract: The intersection of eugenics and Progressive Era reform in the late 19th and early 20th centuries... Douglas A. Berman Purposes of Punishment and Sentencing Scope of Imprisonment

Second Amendment uncertainty continues as SCOTUS GVRs challenge to federal ban on felon gun possession

Sentencing Law & Policy - Mon, 05/19/2025 - 10:07
The Supreme Court issued this short order list this morning without adding adding any new cases to its merits docket via a certiorari grant. But there was a grant with a vacate and remand (GVR) in a criminal case from... Douglas A. Berman Gun policy and sentencing Offender Characteristics Second Amendment issues Sentences Reconsidered Who Sentences

Lara Trump makes full-throughed case for Prez Trump fixing "broken" criminal justice systems

Sentencing Law & Policy - Sun, 05/18/2025 - 17:26
Criminal justice reform has received relatively little attention over the first four months of the second Trump Administration. For that reason and others, I was quite intrigued to see that Fox News host Lara Trump devoted much of her "My... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation

"Conflicting Theories on the Proper Role of Just Deserts: Irrelevant, Complementary, or Inviolate?"

Sentencing Law & Policy - Fri, 05/16/2025 - 09:43
The title of this post is the title of this new paper now available via SSRN and authored by Paul Robinson, Jeffrey Seaman and Hugh Rennie. Here is its abstract: The last several decades of the 20th century saw a... Douglas A. Berman Purposes of Punishment and Sentencing

Florida completes its fifth execution in 2025

Sentencing Law & Policy - Thu, 05/15/2025 - 21:21
As reported in this USA Today piece, "Florida has executed a man known as the 'Casanova Killer' for his good looks and ability to charm women just before murdering them." Here is more: Glen Edward Rogers, 62, was executed Thursday... Douglas A. Berman Death Penalty Reforms

Supreme Court unanimously reiterates "totality of the circumstances" approach to Fourth Amendment

Sentencing Law & Policy - Thu, 05/15/2025 - 10:29
The Supreme Court this morning handed down a short opinion in Barnes v. Felix, No. 23–1239 (S. Ct. May 15, 2025) (available here). The unanimous ruling, authored by Justice Kagan for the Court, breaks no new ground, but reiterates prior... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Lots of new data from the US Sentencing Commission on many fronts

Sentencing Law & Policy - Thu, 05/15/2025 - 08:52
As it does so well, US Sentencing Commission is continuing to release all sort of notable data on all sorts of issues in the federal sentencing world. For example, the Commission has released these new "Quick Facts" documents: NEW Career... Douglas A. Berman Data on sentencing Detailed sentencing data Drug Offense Sentencing Federal Sentencing Guidelines

New Georgia law reforms process for exempting persons with intellectual disability from capital punishment

Sentencing Law & Policy - Thu, 05/15/2025 - 08:31
Georgia's administration of capital punishment has long had a unique place in the history of the death penalty in the United States. But, as detailed in this local article, one unique aspect of its modern death penalty process changed this... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Who Sentences

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