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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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 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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