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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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