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"How Does Judges' Personal Exposure to Financial Fraud Affect White-Collar Sentencing?"

Sentencing Law & Policy - Thu, 10/31/2024 - 15:43
The title of this post is the title of this new paper now available via SSRN authored by Trung Nguyen, Aneesh Raghunandan and Alexandra Scherf. Here is its abstract: We study whether federal judges' personal exposure to financial fraud affects... Douglas A. Berman White-collar sentencing Who Sentences

Reddick v. State

Maryland Judiciary - Thu, 10/31/2024 - 13:11

Vera Institute releases new data report "People in Jail and Prison in 2024"

Sentencing Law & Policy - Thu, 10/31/2024 - 10:06
The Vera Institute of Justice continues to do a remarkable service for those interested in (near) real-time data about US prison and jail populations by assembling and releasing national incarceration data roughly a year before the federal Bureau of Justice... Douglas A. Berman Data on sentencing Prisons and prisoners Scope of Imprisonment

Notable accounting of California's recent capital punishment administration realities

Sentencing Law & Policy - Thu, 10/31/2024 - 09:51
The Sacremento Bee has this lengthy new piece, headlined "Justice or politics? Here’s why California prosecutors seek death penalty despite moratorium," providing all sorts of notable history and particulars about the administration of capital punishment in the Golden State. I... Douglas A. Berman Data on sentencing Death Penalty Reforms

Thanks to cooperation, former FTX executive avoids prison time even though Guidelines recommended LWOP

Sentencing Law & Policy - Wed, 10/30/2024 - 20:44
As reported in this CNBC article, "[f]ormer FTX executive Nishad Singh was sentenced to time served and three years of supervised release on Wednesday, becoming the fourth ex-employee of the collapsed crypto exchange to be punished. Singh was also ordered... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing White-collar sentencing

Previewing latest cases before circuit court on USSC guideline allowing some "changes in the law" to serve as basis for sentence reduction under § 3582(c)(1)(A)(i)

Sentencing Law & Policy - Wed, 10/30/2024 - 15:38
Bloomberg Law has this new article, headlined "Sentencing Commission Policy Power Faces Unusual Test on Appeal," previewing a notable oral argument in the Sixth Circuit scheduled this week to consider the US Ssentencing Guideline provision that permits some "changes in... Douglas A. Berman Federal Sentencing Guidelines FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Am I the only one disappointed that former Prez Trump has not a new short list of possible Supreme Court nominees?

Sentencing Law & Policy - Wed, 10/30/2024 - 13:56
In this post a month ago, I asked "Is former Prez Trump going to release a new short list of possible Supreme Court nominees?". In that post, I noted that Trump's clever and consequential decision in May 2016 to release... Douglas A. Berman Campaign 2024 and sentencing issues Who Sentences

CCJ's Veterans Justice Commission releases new report with recommendations on aiding veteran reentry

Sentencing Law & Policy - Wed, 10/30/2024 - 12:56
The Council on Criminal Justice today released this big new report from its Veterans Justice Commission titled "From Confinement to Community: Supporting Successful Veteran Reentry and Employment." This CCJ press releae about the report provide some context and overview: The... Douglas A. Berman Offender Characteristics Reentry and community supervision

"Child Rape and the Death Penalty"

Sentencing Law & Policy - Wed, 10/30/2024 - 08:16
The title of this post is the title of this new paper authored by Rosemary Ardman now available via SSRN. Here is its abstract: In May 2023, Florida authorized the death penalty for the sexual battery of a child under... Douglas A. Berman Death Penalty Reforms Offense Characteristics Sex Offender Sentencing

"Crime, place, policy, and politics"

Sentencing Law & Policy - Tue, 10/29/2024 - 15:20
The title of this post is the title of this new article by multiple authors now published in the journal Aggression and Violent Behavior. Here is its abstract: Over several decades, a robust body of empirical evidence has developed concerning... Douglas A. Berman National and State Crime Data

Notable polling data on crime views on the eve of Election 2024

Sentencing Law & Policy - Tue, 10/29/2024 - 11:15
I just saw this intriguing new YouGov report with all sort of polling data on a range of crime issues. The piece is titled "Crime: What 2024 voters want and which candidate they trust" and is worth a full read... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Who Sentences

New DPIC analysis of execution "volunteers"

Sentencing Law & Policy - Mon, 10/28/2024 - 20:35
The Death Penalty Information Center has this "New Analysis" titled "Death-Sentenced Prisoners ​'Volunteer' for Execution at Ten Times Civilian Suicide Rate." Here are some excerpts from the start of the lengthy piece: Derrick Dearman first told his mother that he... Douglas A. Berman Data on sentencing Death Penalty Reforms

An incomplete review of former Prez Trump's eccentric and eclectic use of his clemency power

Sentencing Law & Policy - Mon, 10/28/2024 - 14:42
Over at Slate, there are two new pieces about Donald Trump's clemency record when he was in the Oval Office. Because "weird" has apparently taken on talismanic meaning this election cycle, the headline of one piece uses that adjective to... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

"Assisted Outpatient Treatment: A State-by-State Comparative Review"

Sentencing Law & Policy - Mon, 10/28/2024 - 11:36
The title of this post is the title of this new paper now available via SSRN authored by E. Lea Johnston and Autumn Klein. Here is its abstract: Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding... Douglas A. Berman Criminal Sentences Alternatives Offender Characteristics Procedure and Proof at Sentencing Who Sentences

Continuing coverage and comment on Menendez brothers' possible resentencing

Sentencing Law & Policy - Sun, 10/27/2024 - 14:21
Unsurprisingly, the announcement last week by the Los Angeles DA that he will seek resentencing for the Menendez brothers has generated more media coverage and comment about the case and the brothers. Here is a partial round up of pieces... Douglas A. Berman Celebrity sentencings Procedure and Proof at Sentencing Who Sentences

"A Liberty-Balancing Approach to Crime"

Sentencing Law & Policy - Sat, 10/26/2024 - 15:15
The title of this post is the title of this new article authored by Sheldon Evans now available via SSRN. Here is its abstract: At its core, the criminal legal system is an ecosystem of institutions that seek to balance... Douglas A. Berman Purposes of Punishment and Sentencing

Notable new accounting of post-Bruen Second Amendment claims brought by 1,450 rulings reviewed by criminal defendants

Sentencing Law & Policy - Fri, 10/25/2024 - 15:13
This new Trace article, headlined "A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t," provides a new accounting of Second Amendment cases since the Supreme Court transformed the applicable jurisprudence in its landmark 2022 Bruen... Douglas A. Berman Gun policy and sentencing Second Amendment issues Who Sentences

"No Need To Wait: Congress Has the Power Under Section Five of the Fourteenth Amendment to Abolish the Death Penalty in the States"

Sentencing Law & Policy - Fri, 10/25/2024 - 14:09
The title of this post is the title of this new article now available via SSRN and authored by Eric Freeman. Here is its abstract: Congress has the authority to abolish the death penalty in the states, and good reason... Douglas A. Berman Death Penalty Reforms Who Sentences

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