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
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
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
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
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
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
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
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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