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Again flagging some of many notable recent Inquest essays

Sentencing Law & Policy - Tue, 07/08/2025 - 11:55
I have lately been making it a quarterly habit of highlighted essays from Inquest, "a decarceral brainstorm," and so here is the latest installment of just some recent pieces on an array of topics that sentencing fans may want to... Douglas A. Berman Recommended reading

Noting just some of the challenges in the upcoming sentencing of Sean "Diddy" Combs

Sentencing Law & Policy - Mon, 07/07/2025 - 23:08
I gave a talk some years ago, which later became this essay, that discussed why "sentencing is dang hard." That work came to mind as I started thinking about what Judge Arun Subramanian will be facing as he prepares to... Douglas A. Berman

Notable new data on death sentences over first half of 2025

Sentencing Law & Policy - Mon, 07/07/2025 - 13:43
In recent posts about recent exections, I have noted that the US as a whole is on pace for more executions in 2025 than in any year in more than a decade. Against that backdrop, I was interested to see... Douglas A. Berman Death Penalty Reforms

Fresh thinking about the US Sentencing Commission and its proposed priorities

Sentencing Law & Policy - Mon, 07/07/2025 - 10:41
As noted in this prior post, the US Sentencing Commission released in early June this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC requested receiving formal public comment on... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

"Michael Tonry and Sentencing Proportionality"

Sentencing Law & Policy - Sun, 07/06/2025 - 10:52
The title of this post is the title of this article authored by Richard Frase 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 Purposes of Punishment and Sentencing Recommended reading

Reviewing "chaos" in federal prisons resulting from Trump Administration policies

Sentencing Law & Policy - Sat, 07/05/2025 - 08:25
This lengthy new Slate commentary laments an array of policy and practical developments in federal prisons to argue that "[s]ince his first day in office, the Trump administration has thrown the lives of incarcerated people into chaos — especially the... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners

Encouraging criminal justice trends for "Life, Liberty and the pursuit of Happiness" in 2025

Sentencing Law & Policy - Fri, 07/04/2025 - 14:16
We are still a year away from a very big anniversary of the signing of the Declaration of Independence, but criminal justice fans can finb a lot to celebrate today on July 4, 2025. As I have been highlighting in... Douglas A. Berman National and State Crime Data Prisons and prisoners Scope of Imprisonment

"Justice Reinvestment Initiative Falls Short of Achieving Public Safety Goals"

Sentencing Law & Policy - Thu, 07/03/2025 - 11:28
The title of this post is the title of this notable new report authored by Elizabeth Berger with the Criminal Justice Legal Foundation (which is also discussed at lengthy in this Crime & Consequences post). Here is an excerpt from... Douglas A. Berman National and State Crime Data Prisons and prisoners Scope of Imprisonment

Supreme Court grants cert on notable new case to address § 1983/habeas uncertainty

Sentencing Law & Policy - Thu, 07/03/2025 - 09:56
The US Supreme Court issued this short order this morning adding a few notable cases to its docket for argument next Term. The one case in which cert was granted that ought to be of particular interest to criminal justice... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

"Proving the Future in Criminal Cases"

Sentencing Law & Policy - Wed, 07/02/2025 - 16:50
The title of this post is the title of this new essay now available via SSRN authored by Christopher Slobogin. Here is its abstract: Expert opinion about dangerousness — the risk of reoffending — is commonly introduced at sentencing, criminal... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

You be the federal judge: what sentence for Sean "Diddy" Combs for two felony prostitution convictions?

Sentencing Law & Policy - Wed, 07/02/2025 - 16:30
I was enjoying the great outdoors this morning when I heard the news of the (surprising?) split verdict in the high-profile federal trial of Sean 'Diddy' Combs. This Reuters article provides the basics: Sean "Diddy" Combs was cleared on Wednesday... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

CCJ releases new crime report, "Trends in Gun Theft: Leveraging Data to Inform Crime Policy"

Sentencing Law & Policy - Wed, 07/02/2025 - 09:04
The Council on Criminal Justice (CCJ) continues its important and timely work on modern crime realities with the release ofthis new report, titled ""Trends in Gun Theft: Leveraging Data to Inform Crime Policy." Here is some text from the start... Douglas A. Berman Gun policy and sentencing National and State Crime Data Offense Characteristics

Latest issue of Crimnal Law Forum: "Celebrating the Career of Michael Tonry"

Sentencing Law & Policy - Tue, 07/01/2025 - 15:44
I am pleased to see that the June 2025 issue of the Criminal Law Forum, which servs as the "Official Journal of the Society for the Reform of Criminal Law," is devoted to celebrating the work of sentencing guru Michael... Douglas A. Berman Recommended reading

New article reports on interview with BOP Director William Marshall

Sentencing Law & Policy - Tue, 07/01/2025 - 14:46
In this new Forbes article, headlined "Bureau Of Prisons Director William Marshall Addresses Challenges," Walter Pavlo reports on his interview with BOP's new leader. I recommend the full piece, and here are some excerpts: Newly appointed Bureau of Prisons (BOP)... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Who Sentences

Prosecutors cut plea deal in Idaho college student mass murder (seemingly against wishes of victims' families)

Sentencing Law & Policy - Tue, 07/01/2025 - 08:43
As reported in this New York Times report, "Bryan Kohberger, the man charged in the brutal stabbing deaths of four University of Idaho students, has reached a plea deal to avoid the death penalty, according to a letter that prosecutors... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

Some early takes on the Supreme Court's supervised release work in Esteras

Sentencing Law & Policy - Mon, 06/30/2025 - 13:36
In this recent post reviewing the Supreme Court Term just completed, I suggested that Esteras v. United States, which addresses federal supervised release decision-making, could have significant practical impact over an important component of the federal criminal justice system. But... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision Sentences Reconsidered Who Sentences

Detailed review of "How States Are Rethinking Life Without Parole For Youth"

Sentencing Law & Policy - Mon, 06/30/2025 - 12:40
The quoted portion of the title of this post is the headline of this effective Law360 piece reviewing an array of recent state law developments regarding LWOP punishments for younger offenders. I recommend the lengthy piece in full, and here... Douglas A. Berman Assessing Graham and its aftermath Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Lots of little items for criminal justice fans in OT24 wrap-up order list from SCOTUS

Sentencing Law & Policy - Mon, 06/30/2025 - 10:05
The Surpeme Court released this lengthy order list this morning, and there are a number of items throughout the 32-page list that will be of interest to criminal law fans. For starters, we get a few GVRs based on the... Douglas A. Berman Who Sentences

Quick recap of US Supreme Court's major criminal justice opinions for OT 2024

Sentencing Law & Policy - Sun, 06/29/2025 - 12:29
This official webpage with links to the US Supreme Court's merits opinion for its October Term 2024 lists 66 opinions, though less than 60 are what I would categorize as full opinions. Based on my too-quick review and accounting of... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

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