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An eclectic round up of criminal justice news and commentary to start the week

Sentencing Law & Policy - Mon, 02/24/2025 - 20:29
Another busy day with lots worth reading (and watching), but not lots of time for blogging, means another round-up post. And this one covers lots of different topics: From CBS News, "Man serving 5 life prison sentences walks free after... Douglas A. Berman

Ninth Circuit affirms convictions and sentences of Elizabeth Holmes and her co-defendant

Sentencing Law & Policy - Mon, 02/24/2025 - 14:07
As reported in this Bloomberg Law piece, "Elizabeth Holmes lost her last-ditch effort to overturn her 2022 fraud conviction when a federal appeals court on Monday upheld the judgment against the disgraced Theranos Inc founder. A three-judge panel for the... Douglas A. Berman Celebrity sentencings Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing White-collar sentencing Who Sentences

Of prisons and pardons, updates on stories to watch amid federal transition

Sentencing Law & Policy - Mon, 02/24/2025 - 13:12
I have blogged recently about on-going challenges and recent transitions at the federal Bureau of Prisons (post here) and also about Prez Trump appointing Alice Marie Johnson (posts here and here). Here is some newer press coverage on these two... Douglas A. Berman Clemency and Pardons Prisons and prisoners Sentences Reconsidered Who Sentences

Latest SCOTUS order list full of intrigue while engaging Second, Fourth and Sixth Amendment (originalist?) jurisprudence

Sentencing Law & Policy - Mon, 02/24/2025 - 10:14
The US Supreme Court is back in action with oral arguments this week after nearly a month off, and today's action starts with this lengthy new order list. Running 58 pages, there are many interesting elements to this order list... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

"The Overstated Cost of AI Fairness in Criminal Justice"

Sentencing Law & Policy - Sun, 02/23/2025 - 23:30
The title of this post is the title of this new paper now on SSRN authored by Ignacio Cofone and Warut Khern-am-nuai. Here is its abstract: The dominant critique of fairness constraints in AI decision-making, particularly in criminal justice, is... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections Who Sentences

As spring approaches, some (but not all) big US cities continue positive homicide trends

Sentencing Law & Policy - Sun, 02/23/2025 - 11:57
Though we are still weeks away from the statrt of spring, enough time has passed in 2025 for me to think it worthwhile to check out the new year's homicide data based on police reporting. Disappointingly, when discussing homicide data,... Douglas A. Berman National and State Crime Data

Justice Department now asserting in some cases that Prez Trump's Jan 6 pardons covers gun and drug crimes

Sentencing Law & Policy - Fri, 02/21/2025 - 09:02
As reported in this new NPR article, headlined "Justice Department broadens Jan 6 pardons to cover gun, drug-related charges," the Justice Department is now concurring with some defendants claims that Prez Trump's Jan 6 pardons covers more than Jan 6... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Prez Trump formally announces Alice Marie Johnson will be his "pardon czar"

Sentencing Law & Policy - Thu, 02/20/2025 - 20:14
As reported in this Reuters piece, "Donald Trump on Thursday said he had made Alice Johnson, a Tennessee woman who was serving a life sentence for a drug crime before Trump commuted her sentence, a 'pardon czar' to advise him... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Call for Papers (once more): FSR issue on “A Justice System Crossroads: Reflecting on Biden’s Record and Projecting a Second Trump Term”

Sentencing Law & Policy - Thu, 02/20/2025 - 17:52
As first mentioned in this post a few month ago, the editors of the Federal Sentencing Reporter are seeking articles for a new FSR issue on “A Justice System Crossroads: Reflecting on Biden’s Record and Projecting a Second Trump Term.”... Douglas A. Berman

"Chasing a clean slate: the shifting roles of privacy and technology in criminal record expungement law and policy"

Sentencing Law & Policy - Thu, 02/20/2025 - 09:21
The title of this post is the title of this new article authored by Sarah Lageson and Alessandro Corda which was recently published in the Harvard Journal of Law & Technology. Here is its abstract: This Article explores criminal record... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision Technocorrections

Prez Trump reportedly to name Alice Marie Johnson as his "pardon czar"

Sentencing Law & Policy - Wed, 02/19/2025 - 11:52
This new New York Times article, headlined "Trump May Name a Woman He Once Pardoned to Be His ‘Pardon Czar,’" reports on a notable potential development in the federal clemency arena. Here is how the article begins and ends: President... Douglas A. Berman Drug Offense Sentencing Sentences Reconsidered Who Sentences

Akers v. State

Maryland Judiciary - Wed, 02/19/2025 - 11:30

New Prison Policy Initiative report details myriad problems with correctional healthcare systems

Sentencing Law & Policy - Wed, 02/19/2025 - 09:29
The Prison Policy Initiative today released this notable new report titled "Cut-rate care: The systemic problems shaping 'healthcare' behind bars." This report's subtitle highlights some of its themes: "In correctional healthcare systems, care is secondary to controlling costs and avoiding... Douglas A. Berman Prisons and prisoners Who Sentences

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