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US Sentencing Commission releases latest data on compassionate release and retroactivity of 2023 criminal history amendment

Sentencing Law & Policy - Thu, 10/17/2024 - 17:11
The US Sentencing Commission today released a number of notable new data runs. Here is how the data is decribed via the email I received this afternoon: Preliminary FY24 Compassionate Release Data Report (October 17, 2024) This data report provides... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Who Sentences

Exploring originalism and criminal justice at this SCOTUS moment

Sentencing Law & Policy - Thu, 10/17/2024 - 13:54
Cristian Farias has this terrific new essay at Inquest titled "Playing with Originalism: Should advocates looking to unwind our nation’s punitive excesses engage a Supreme Court that set them in motion?". This essay covers a lot of topics and ideas... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading Who Sentences

Fascinating data from Mashall Project's political survey of people in 785 prisons and jails

Sentencing Law & Policy - Thu, 10/17/2024 - 10:15
The Marshall Project has released this new article, headlined "'Trump Remains Very Popular Here': We Surveyed 54,000 People Behind Bars About the Election," reporting the results of their sizeable survey of incarcerated persons. I recommend the article in full in... Douglas A. Berman Campaign 2024 and sentencing issues Elections and sentencing issues in political debates Prisons and prisoners Who Sentences

In Memoriam

Maryland Judiciary - Thu, 10/17/2024 - 08:51

"Grants Pass And The Pathology Of The Criminal Law"

Sentencing Law & Policy - Wed, 10/16/2024 - 20:07
The title of this post is the title of this new article authored by Ben McJunkin now available via SSRN. Here is its abstract: Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping... Douglas A. Berman Offense Characteristics Sentences Reconsidered Who Sentences

Two different stories about two different executions scheduled for tomorrow in two states

Sentencing Law & Policy - Wed, 10/16/2024 - 17:39
I was struck by these notably distinct headlines and subheadlines from USA Today about two executions scheduled for tomorrow in Alabama and Texas: "'I am guilty:' Alabama inmate Derrick Dearman asks for death sentence to be carried out: Dearman says... Douglas A. Berman Death Penalty Reforms

Split Nebraska Supreme Court orders Secretary of State to implement new state law enfranchising persons with felony convictions

Sentencing Law & Policy - Wed, 10/16/2024 - 14:06
As report in this NBC News article, the "Nebraska Supreme Court ruled that convicted felons who served their sentences are allowed to vote, after the state's top election official sought to keep them from casting ballots ahead of the Nov.... Douglas A. Berman Collateral consequences Procedure and Proof at Sentencing Who Sentences

"Excessive Force In Prison"

Sentencing Law & Policy - Tue, 10/15/2024 - 23:33
The title of this post is the title of this new article authored by Sharon Dolovich now available via SSRN. Here is its abstract: Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially... Douglas A. Berman Prisons and prisoners Who Sentences

New Prison Policy Initiative report, "One Size Fits None: How ‘standard conditions’ of probation set people up to fail"

Sentencing Law & Policy - Tue, 10/15/2024 - 15:17
Writing for the Prison Policy Initiative, Emily Widra has this notable new report titled "One Size Fits None: How ‘standard conditions’ of probation set people up to fail." The report's extended subtitle summarizes its coverage: "Courts and probation agencies impose... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Reentry and community supervision Sentences Reconsidered Who Sentences

A couple more GVRs and lots more cert denials in second full SCOTUS order list of OT 2024

Sentencing Law & Policy - Tue, 10/15/2024 - 11:14
The Supreme Court formally entered its second week of its new term, October Term 2024, with this order list mostly defined by a long list of cert denials. The order list begins with two new G(ranted), V(acated), R(emanded) cases perhaps... Douglas A. Berman Sentences Reconsidered Who Sentences

"Plea Bargaining in Homicide Cases: An Empirical Exploration in One State"

Sentencing Law & Policy - Mon, 10/14/2024 - 15:59
The title of this post is the title of this new article by Michael O'Hear and Darren Wheelock now available via SSRN. Here is its abstract: Even the most serious criminal cases are often resolved through plea bargaining, with potentially... Douglas A. Berman Data on sentencing Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences

Noting struggles with case-processing due to prosecutor shortages from coast-to-coast

Sentencing Law & Policy - Mon, 10/14/2024 - 14:00
As the start of this year, Stateline has this article about criminal justice staffing shortages headlined "Shortage of prosecutors, judges leads to widespread court backlogs: The pandemic worsened problems that already had caused state and local court delays." That article... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

"Categorical Declinations & Democracy"

Sentencing Law & Policy - Sun, 10/13/2024 - 09:36
The title of this post is the title of this new paper now available on SSRN authored by Brenner Fissell. Here is its abstract: The most contentious action taken by reform prosecu­tors has been the issuance of categorical declination policies.... Douglas A. Berman Offense Characteristics Purposes of Punishment and Sentencing Who Sentences

With eight more executions scheduled, 2024 could conclude with most US executions in nearly a decade

Sentencing Law & Policy - Sat, 10/12/2024 - 16:05
I flagged here last month that a flourish of executions in multiple states had been scheduled over just a week, and all five of those executions were ultimately carried out. I now see from this Death Penalty Information Center page... Douglas A. Berman Data on sentencing Death Penalty Reforms Who Sentences

Intriguing (though likely doomed) effort to alter South Carolina clemency process by condemned inmate

Sentencing Law & Policy - Fri, 10/11/2024 - 12:47
This new AP article reports on an interesting claim brough by a condemned inmate in South Carolina. Here are the details: A South Carolina inmate scheduled to be executed in just over three weeks is asking a federal judge to... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

A deep dive into sentencing patters for NY felony crime of falsifying business records

Sentencing Law & Policy - Thu, 10/10/2024 - 20:54
This week the New York Times published this lengthy article, headlined "Will Trump Get Jail Time? We Looked at Similar Cases to Find Out," while provides some statistical context regarding sentences in New York for the crimes that Donald Trump... Douglas A. Berman Celebrity sentencings Data on sentencing White-collar sentencing

Still another variation on animal abuse produces another notable federal sentencing

Sentencing Law & Policy - Thu, 10/10/2024 - 18:37
Over the last month, I have noticed and blogged about a number of notable recent sentencing stories involving aninals (see links to prior posts below). I am not sure if I should keep blogging in this genre, but I am... Douglas A. Berman Offense Characteristics

The Sentencing Project releases "Locked Out 2024: Four Million Denied Voting Rights Due to a Felony Conviction"

Sentencing Law & Policy - Thu, 10/10/2024 - 11:27
The Sentencing Project has this timely new report on felon disenfranchisement. Here is the text of the report's "Overview": Laws in 48 U.S. states ban people with felony convictions from voting. In 2024, an estimated 4 million Americans, representing 1.7%... Douglas A. Berman Collateral consequences Data on sentencing Race, Class, and Gender

Supreme Court reveals (predictable) split during argument on Glossip capital case

Sentencing Law & Policy - Wed, 10/09/2024 - 23:20
Supreme Court watchers who know the current Justices' patterns, especially in capital cases, would have expected Justices Barrett and Kavanaugh to be likely key swing votes in the Glossip case argued today (previewed here). This round-up of some press accounts... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

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