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The title of this post is the title of this book chapter authored by Adam Kolber (for this forthcoming book on the philosophy of punishment), which was recently posted to SSRN. Here is its abstract: If punishment is ever morally... Douglas A. Berman Purposes of Punishment and Sentencing

As reported in this local article, the Pennsylvania Supreme Court yesterday heard oral arguments in a case challenging the state's mandatory life without parole sentencing scheme for all defendants convicted of second degree felony murder. Here is a snippet from... Douglas A. Berman Mandatory minimum sentencing statutes Offender Characteristics Offense Characteristics Prisons and prisoners Scope of Imprisonment Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay authored by Paul Cassell recently posted to SSRN. Here is its abstract: What role should mercy play in the criminal justice system? While several of the other symposium’s... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

The Council on Criminal Justice today released this notable report put together following a summer convening of researchers and various stakeholdersto discuss the potential and pitfalls of artificial intelligence for criminal justice systems. Here is part of the report's introduction:... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections

Emily Widra writing at the Prison Policy Initiative has this lengthy new briefing titled "New, expanded data on Indian country jails show concerning trends extend to tribal lands." The subheading of the piece provides an overview: "In Indian country jails,... Douglas A. Berman Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

Richard Glossip already has a significant Supreme Court ruling associated with his name; nearly a decade ago, SCOTUS considered and then rejected his Eighth Amendment challenge to Oklahoma's lethal injection protocol. In addition, as the start of this AP article... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Lynn Branham now available via SSRN. Here is its abstract: The Model Penal Code: Sentencing (MPCS) represents a missed opportunity to make restorative justice a foundational... Douglas A. Berman Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

Though California’s Proposition 36, the "Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative," is arguably the biggest 2024 sentencing-related ballot initiative (discussed here), voters in Colorado also have a notable sentencing-related initiative to consider this fall. Proposition 128 in... Douglas A. Berman Prisons and prisoners Scope of Imprisonment State Sentencing Guidelines Who Sentences

The Supreme Court formally kicks off its new term, October Term 2024, with oral arguments in two cases this morning. But its first official product of OT 2024 is this 50-page order list with more cert denials than I can... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As detailed in this official announcement released Friday afternoon by the Federal Bureau of Prisons, the BOP "is introducing several important updates to its phone call policies and time credit systems, reflecting its commitment to improving the well-being of Adults... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

The title of this post is the title of this essay authored by Douglas Husak recently posted to SSRN. Here is its abstract: I present the following challenge to retributivists (including myself). I stipulate that retributivism is the claim that... Douglas A. Berman Purposes of Punishment and Sentencing

The US Supreme Court's new season, known as October Term 2024, officially gets started on Monday with oral arguments in two cases raising technical procedural issues. But, for SCOTUS watchers, today feels like openning day because the Justices this morning... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Inquest has this notable new essay on a topic that I think merits a lot more attention, namely on the needs of the incarcerated for legal assistance. The piece, authored by Jennifer Soble, is headlined "Lawyerless No More: Once a... Douglas A. Berman Prisons and prisoners Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this new NBC News piece, "Prosecutors in California are reviewing the convictions of the Menendez brothers, who were found guilty in the 1989 killing of their parents, to determine whether they should be resentenced and potentially released,... Douglas A. Berman Celebrity sentencings Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Gregory Brazeal now available via SSRN. Here is its abstract: Criticisms of American mass incarceration have generally focused on urban areas, and especially large, racially segregated... Douglas A. Berman Race, Class, and Gender Scope of Imprisonment

The most significant sentencing-related ballot initiative in the 2024 election cycle is California’s Proposition 36, titled "Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative." This initiaitive is summarized by Ballotpedia this way: A "yes" vote supports making changes to... Douglas A. Berman Campaign 2024 and sentencing issues Drug Offense Sentencing Elections and sentencing issues in political debates Who Sentences