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"Responding to the Culpable State: Is Sentence Mitigation Appropriate?"

Sentencing Law & Policy - Thu, 04/03/2025 - 16:49
The title of this post is the title of this recently published book that was just brought to my attention by the publisher, who offered this audience a discount code: "Order online at www.bloomsbury.com -- use the code GLR BD8... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading

"Time and Retribution"

Sentencing Law & Policy - Thu, 04/03/2025 - 11:38
The title of this post is the title of this recent paper now posted to SSRN and authored by Meghan J. Ryan. Here is its abstract: Time is missing from discussions on the theory of retribution. A colossal body of... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

Georgia poised to no longer be outlier on process for deciding who is death-penalty ineligible based on intellectually disability

Sentencing Law & Policy - Thu, 04/03/2025 - 11:31
The Supreme Court nearly 23 years ago in Atkins v. Virginia, 536 U.S. 304 (2002), ruled that that an execution of persons with intellectual disability would violate the Eighth Amendment's prohibition on cruel and unusual punishments. In so doing, the... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing Who Sentences

US Sentencing Commission releases geographic FY 2024 sentencing data

Sentencing Law & Policy - Wed, 04/02/2025 - 17:33
The US Sentencing Commission has today posted here on its website "FY24 GEOGRAPHIC SENTENCING DATA." As explained on the site, these detailed "reports examine federal sentencing statistics from each judicial district, the districts within each judicial circuit, and the districts... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Who Sentences

"Proposed Clemency Criteria for Federal Marijuana Convictions"

Sentencing Law & Policy - Wed, 04/02/2025 - 13:26
The title of this post is the title of this new white paper, authored by Erik Luna and Weldon Angelos, that is now avaialble via SSRN. This paper was produced by the Academy for Justice at Sandra Day O'Connor College... Douglas A. Berman Drug Offense Sentencing Marijuana Legalization in the States Pot Prohibition Issues Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Prez Trump keeps using his clemency pen, building quite the clemency record

Sentencing Law & Policy - Tue, 04/01/2025 - 20:49
As I noted in this post last week after a recent flurry of grants, Prez Trump has followed up historic clemency activity during his first few days in office by continuing to exercise his broad executive authority to grant pardons... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

AG Bondi directs federal prosecutors to pursue death penalty for Luigi Mangione CEO murder

Sentencing Law & Policy - Tue, 04/01/2025 - 16:16
As reported in this AP piece, "U.S. Attorney General Pam Bondi said Tuesday that she has directed prosecutors to seek the death penalty against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson, following through on the president’s campaign... Douglas A. Berman Celebrity sentencings Death Penalty Reforms Who Sentences

"Seven facts about mass incarceration that sound like April Fools’ Day hoaxes, but aren’t"

Sentencing Law & Policy - Tue, 04/01/2025 - 10:33
I tend not to be a big fan of celebrations of April Fools' Day (I often get to feel plenty foolish all year long), but the fokls at the Prison Policy Initiative have a holiday-themed entry that seemed worthy of... Douglas A. Berman Prisons and prisoners

"The Lasting Impact of Ring v. Arizona on Capital Jury Trials"

Sentencing Law & Policy - Mon, 03/31/2025 - 21:59
The title of this post is the title of this new article authored by Kevin Morrow and now available via SSRN. Here is its abstract: The final decision on the imposition of the death penalty in the United States is... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

State v. Brand

Maryland Judiciary - Mon, 03/31/2025 - 14:08

Notable dissent from denial of cert in case concerning the habeas certificate of appealability process

Sentencing Law & Policy - Mon, 03/31/2025 - 09:53
The Supreme Court issued this relative short order list this morning which concluded with an interesting dissent from the denial of certiorari authored by Justice Sotomayor and joined by Justice Jackson. Here is how the six-page dissent gets started and... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

"Urgent issues and prospects in guilty plea research and practice"

Sentencing Law & Policy - Sun, 03/30/2025 - 22:02
The title of this post is the title of this notable new article from multiple authors just published in the journal Legal and Criminological Psychology. Here is its abstract: Criminal legal systems around the world rely heavily on defendants foregoing... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

"After pardons, J6ers take up a new cause: Prison reform"

Sentencing Law & Policy - Sat, 03/29/2025 - 14:45
The title of this post is the headline of this new Washington Post article. I recommend the full piece, and here are excerpts: Standing in front of a crowd outside the U.S. Capitol on Thursday, Jan. 6 defendant Brian Mock... Douglas A. Berman Clemency and Pardons Prisons and prisoners Who Sentences

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