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As regular readers know, I have been keeping a close eye on cases that have been dividing the lower federal courts regarding the US Sentencing Commission's 2023 policy statement providing that some limited "changes in the law" in certain cases... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

As reportedin this local press piece, Florida "officials plan to begin proceedings to prosecute and seek the death penalty against two men whose federal death sentences for the 2006 drug-related slayings of a family on Florida’s Turnpike in St. Lucie... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

A few folks have flagged for me this recent CalMatters piece headlined "California released 15,000 prisoners early during COVID. New data reveals what happened to many of them." The interesting piece details some notable original data collection on prisoners released... Douglas A. Berman Data on sentencing Impact of the coronavirus on criminal justice Prisons and prisoners Reentry and community supervision

Earlier this month, the Bureau of Justice Statistics released this new report titled "Homicide Victimization in the United States, 2023." This full report runs 23 pages, and it is full of all sorts of notable data about homicides. Here is... Douglas A. Berman National and State Crime Data Offense Characteristics

The title of this post is the title of this new paper authored by William Berry III available via SSRN. Here is its abstract: A number of state appellate courts read any sentencing decisions by lower courts that are “within... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local article, "Tennessee has executed Oscar Franklin Smith, sentenced to death for the 1989 killings of his estranged wife Judith Robirds Smith and her two teenage sons, Chad Burnett and Jason Burnett, in Nashville." Here is... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

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

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

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

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

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

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

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

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

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