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BOP Director launches First Step Act Task Force

Sentencing Law & Policy - Thu, 07/17/2025 - 00:23
This press release from the Buraeu of Prisons earlier this week reports on a notable development inside the BOP. The heading of the press release provides the basics: "Director Marshall Launches FSA Task Force: New Initiative to Tackle Delays, Equip... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

Florida completes its eight execution in 2025 of a murderer of many persons many decades ago

Sentencing Law & Policy - Wed, 07/16/2025 - 23:56
As reported in this AP article, on Tuesday of this week, a "man convicted of fatally shooting two people outside a Florida bar in 1993 as part of an attempted revenge killing was executed Tuesday evening, the 26th person put... Douglas A. Berman Death Penalty Reforms

A mid-summer morning's round-up before heading (mostly) off-line

Sentencing Law & Policy - Tue, 07/15/2025 - 09:33
Though it is not technically mid-summer, I am on a mid-summer trip that will leave me relatively little time for blogging for the rest of this week. (In addition, when I have some spare time this week, there is a... Douglas A. Berman Recommended reading

Detailing a remarkable school-to-death-row pipeline in Florida

Sentencing Law & Policy - Mon, 07/14/2025 - 09:17
Recent decades has brought considerable concerns about so-called "school-to-prison" pipelines, a term meant to lament certain educational policies and practices that serve to enhance the prosepcts of some students being caught up in criminal justice systems. But this new Marhsall... Douglas A. Berman Death Penalty Reforms Offender Characteristics

New reporting from the New York Times on Prez Biden's out-going clemency actions

Sentencing Law & Policy - Mon, 07/14/2025 - 09:15
The New York Times has two notable new articles covering the controversies surrounding former Prez Biden's late-term clemencies and compentencies. Here are the pieces: "Biden Says He Made the Clemency Decisions That Were Recorded With Autopen" "Excerpts From The Times’s... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Who Sentences

"Michael Tonry’s Contributions to Research Identifying and Explaining Racial Disparities in Sentencing"

Sentencing Law & Policy - Mon, 07/14/2025 - 09:02
The title of this post is the title of this article authored by Cassia Spohn in the June 2025 issue of the Criminal Law Forum. (As noted in this prior post, this journal issue is devoted to celebrating the work... Douglas A. Berman Recommended reading

Making the case for Governors to make greater use of clemency powers

Sentencing Law & Policy - Sat, 07/12/2025 - 16:54
This New York Times opinion piece, titled "Governors, Use Your Clemency Powers" and authored by Steve Zeidman, focuses on the need for states' chief executives to step up their clemency work. The piece is worth a full read (though it... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

"The Plain Solution to Federal Habeas"

Sentencing Law & Policy - Sat, 07/12/2025 - 16:26
The title of this post is the title of this new article now available via SSRN and authored by Charles Hintz. Here is its abstract: Federal habeas is a mess. The reason is the current doctrine’s myopic proceduralism: its obsession... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

Split DC Circuit panel upholds authority of Defense Secretary to reject plea deals with three 9/11 defendants for LWOP sentences

Sentencing Law & Policy - Fri, 07/11/2025 - 16:03
In the latest chapter of a long running saga, a panel of the DC Circuit today upheld the authority of then-Secretary of Defense Lloyd Austin to withdraw from plea agreements with three of the 9/11 defendants. The start of the... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

"When the Death Count Gets Higher": An Empirical Examination of Whether the Federal Courts of Appeals Have Authentically Enforced Atkins v. Virginia

Sentencing Law & Policy - Fri, 07/11/2025 - 14:37
The title of this post is the title of this new article now available via SSRN authored by Talia Roitberg Harmon, Michael L. Perlin, Maren Geiger, Lea Roitberg and Stacy Bielic. Here is its abstract: The United States Supreme Court... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing

Bivens v. Clark

Maryland Judiciary - Fri, 07/11/2025 - 12:32

Interesting new request to parties from federal judge sentencing Sean "Diddy" Combs

Sentencing Law & Policy - Thu, 07/10/2025 - 14:51
This new ABC News piece reports that the "judge who oversaw the trial of Sean 'Diddy' Combs has asked both sides in the case to provide him with sentencing information ahead of the scheduled October sentencing date." Here is more:... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing

Lots more notable new "Quick Facts" reports from US Sentencing Commission

Sentencing Law & Policy - Thu, 07/10/2025 - 10:40
The US Sentencing Commission in recent weeks has released a bunch 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... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

Highlights of some docket dynamics in first “ScotusCrim” column at SCOTUSblog

Sentencing Law & Policy - Wed, 07/09/2025 - 16:44
I am pleased to see the launch of a new column at SCOTUSblog, being called "ScotusCrim" and being authored by Rory Little to focus "on intersections between the Supreme Court and criminal law." The initial installment is titled "The criminal... Douglas A. Berman Sentences Reconsidered Who Sentences

The Sentencing Project releases new report on "Voting From Prison: Lessons From Maine and Vermont""

Sentencing Law & Policy - Wed, 07/09/2025 - 13:14
The folks at The Sentencing Project released this new 36-page report about two states' experiences with in-prison voting. Here are excerpts from the report's executive symmary: Only two U.S. states – Maine and Vermont – do not disrupt the voting... Douglas A. Berman Collateral consequences Prisons and prisoners

"Aligning Algorithmic Risk Assessments with Criminal Justice Values"

Sentencing Law & Policy - Tue, 07/08/2025 - 21:59
The title of this post is the title of this new paper just posted to SSRN and authored by Dennis D. Hirsch, Jared Ott, Angie Westover-Munoz and Chris Yaluma. Here is its abstract: Federal and state criminal justice systems use... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections Who Sentences

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