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New press analysis reports juveniles sentenced as adults in Florida get longer sentences than adults

Sentencing Law & Policy - Mon, 08/12/2024 - 21:39
The Miami Herald has this notable and lengthy new article about juvenile sentencing headlined "‘Very disturbing’: Florida teens get longer prison sentences than adults." Here are some of the details: Florida is one of 13 states that give prosecutors unfettered... Douglas A. Berman Data on sentencing Detailed sentencing data Offender Characteristics

"Regarding the Other Death Penalty"

Sentencing Law & Policy - Mon, 08/12/2024 - 11:21
The title of this post is the title of this relatively short piece just out in the Columbia Law Review Forum and authored by Kempis Songster, Terrell Carter & Rachel López. Here is how it starts: In his compelling new... Douglas A. Berman Death Penalty Reforms Prisons and prisoners Scope of Imprisonment

Longest sentence given to actual Jan 6 rioter, 20 years in federal prison, handed down late last week

Sentencing Law & Policy - Mon, 08/12/2024 - 10:36
This Politico piece, headlined "‘Political violence personified’: Jan. 6 defendant gets 20 years for string of vicious attacks on police," reports on the handing down of the longest sentence given to any person actually involved in the Jan 6 riot.... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics

"Truth in Sentencing, Incentives and Recidivism"

Sentencing Law & Policy - Sun, 08/11/2024 - 17:57
The title of this post is the title of this notable recent empirical paper authored by David Macdonald available via SSRN. (Hat tip to this recent episode of the podcast Probable Causation for highlighting the paper and bringing it to... Douglas A. Berman Offender Characteristics Prisons and prisoners Procedure and Proof at Sentencing Reentry and community supervision

Might Donald Trump advocate for the release of all those still serving time for marijuana offenses?

Sentencing Law & Policy - Sat, 08/10/2024 - 22:15
The quetion in the title of this post is prompted by comments made by Donald Trump during a press conference at Mar-a-Lago this past Thursday. Notably, as detailed in this effective Last Prisioner Project discussion, we really do not know... Douglas A. Berman Clemency and Pardons Drug Offense Sentencing Who Sentences

Encouraging midyear 2024 violent crime data in lastest report from Major Cities Chiefs Association

Sentencing Law & Policy - Sat, 08/10/2024 - 13:40
This Crime and Justice News entry highlights notable violent crime data reported this past week from the Major Cities Chiefs Association. Here are the details: Reports of crimes in four major categories are down in the first half of 2024... Douglas A. Berman National and State Crime Data Offense Characteristics

"Still Cruel and Unusual: Extreme Sentences for Youth and Emerging Adults"

Sentencing Law & Policy - Fri, 08/09/2024 - 16:15
The title of this post is the title of this new Sentencing Project report authored by Ashley Nellis and Devyn Brown. The short report starts this way: A wave of reforms since 2010 has changed the trajectory of punishment for... Douglas A. Berman Assessing Graham and its aftermath Assessing Miller and its aftermath Data on sentencing Offender Characteristics Scope of Imprisonment

Notable Sixth Circuit panel habeas opion reversing Ohio death sentence in part "due to the trial court judge’s bias and misconduct"

Sentencing Law & Policy - Fri, 08/09/2024 - 13:17
A helpful reader made sure I did not miss the notable panel opinion issued by the Sixth Circuit earlier this week in Jackson v. Cool, No. 21-3207 (6th Cir. Aug. 8, 2024) (available here). The start of the unanimous opinion... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

Intriguing action, but no formal vote, from US Sentencing Commission on retroactivity of 2024 guideline amendments

Sentencing Law & Policy - Thu, 08/08/2024 - 23:14
As noted in this post yesterday, this afternoon the US Sentencing Commission had a scheduled public meeting, and the big official agenda items were "Possible Vote on Final 2024–2025 Policy Priorities" and "Possible Vote on Retroactivity of Certain 2024 Amendments."... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

After Rahimi remand, Eighth Circuit panel again rejects Second Amendment challenge to federal felon in possesion charge

Sentencing Law & Policy - Thu, 08/08/2024 - 22:28
Thanks to the tip from a helpful commentor, I just saw that an Eighth Circuit panel today issued a significant ruling rejecting, yet again, a federal criminal defendant's claim "that he had a constitutional right under the Second Amendment to... Douglas A. Berman Second Amendment issues

"Rights, Reasons, and Culpability in Tort Law and Criminal Law"

Sentencing Law & Policy - Thu, 08/08/2024 - 21:25
The title of this post is the title of this new book chapter available via SSRN authored by Gregory Antill. Here is its abstract: This article considers how a mens rea regime growing out of principles of corrective or restorative... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

US Sentencing Commission votes to adopt priorities that "reflect calls to simplify sentencing, reduce the costs of unnecessary incarceration, and promote public safety"

Sentencing Law & Policy - Thu, 08/08/2024 - 15:54
I received an email from the US Sentencing Commission, not long after after its short public meeting today, titled "Embracing the Public’s Ideas to Improve Sentencing, Commission Unanimously Adopts Policy Priorities." And the title of this post captured the emails... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

"Research roundup: Evidence that a single day in jail causes immediate and long-lasting harms"

Sentencing Law & Policy - Thu, 08/08/2024 - 08:23
The title of this post is the title of this new Prison Policy Initiative briefing authored by Brian Nam-Sonenstein which carried this subtitle: "Recent research suggests the onset of pretrial detention’s criminal legal system, social, and economic harms is earlier... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

Utah completes its first execution in 14 years

Sentencing Law & Policy - Thu, 08/08/2024 - 07:53
As reported in this USA Today article, "Utah executed a death row inmate for the 1998 murder of his then-girlfriend's mother on Thursday, the 12th execution in the nation this year and the state's first since a firing squad execution... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

Another comment on latest effort to have more on-topic, productive and polite comments

Sentencing Law & Policy - Thu, 08/08/2024 - 07:15
In this post just under two weeks ago in response to many complaints about off topic and uncivil comments, I sought to encourage more on-topic, productive and polite comments. I sense all but a few folks welcomed and were eager... Douglas A. Berman On blogging

Texas completes its third execution of 2024

Sentencing Law & Policy - Wed, 08/07/2024 - 20:31
As reported in this AP piece, a "Texas man who claimed an intellectual disability in a late attempt at a reprieve was executed Wednesday evening for the killing of a woman who was jogging near her Houston home more than... Douglas A. Berman Death Penalty Reforms

New US Sentencing Commission information resources just before USSC meeting to inform on new policy priorities and 2024 amendment retroactivity

Sentencing Law & Policy - Wed, 08/07/2024 - 14:58
I see from the US Sentencing Commission's website a couple of notable new resources: Selected Supreme Court Cases on Sentencing Issues (August 7): This document provides brief summaries of selected Supreme Court and appellate court cases that involve the guidelines... Douglas A. Berman

Two notable new sentencing-related papers in the new issue of the Journal of Empirical Legal Studies

Sentencing Law & Policy - Wed, 08/07/2024 - 12:44
I received an email today from the Society for Empirical Legal Studies providing the contents of the newest isse of the Journal of Empirical Legal Studies. This link to the September 2024 issue was also provided, and I was pleased... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Race, Class, and Gender Who Sentences

Second Circuit panel finds unreasonable 10-year prison sentence for federal prison guard who repeatedly raped inmate

Sentencing Law & Policy - Wed, 08/07/2024 - 09:01
I missed while on the road the notable Second Circuit panel ruling last week in US v. Martinez, No. 22-902-cr (2d Cir. July 30, 3034) (available here). Though I do not keep up with all reasonableness rulings in circuit courts,... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Sex Offender Sentencing Who Sentences

Former Solicitor General Ted Olson, husband of 9/11 victim, says plea deal with 9/11 defendant was "best possible outcome"

Sentencing Law & Policy - Tue, 08/06/2024 - 20:37
The New York Times has this notable new piece with quotes from a notable lawyer about the (now revoked) plea agreement that would have taken away the possibility of a death sentence for the accused mastermind of the 9/11 attacks... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Victims' Rights At Sentencing Who Sentences

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