Sentencing Law & Policy

As reported in this local piece, "At 6:01 p.m., in a crack of rifle shots, Mikal Mahdi was executed inside of the Broad River Road Correctional Institution in Columbia, South Carolina, on Friday." Here is more: Mahdi, who killed two... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

At a public hearing this afternoon, the US Sentencing Commission voted unanimously to advance a significant set of amendments to the federal sentencing guidelines. One major amendment is focused on guideline "simplification" by eliminating lots of "departures" from the guideline... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

For a host of reasons, I am very pleased and very excited to report on the online publication of the latest issue of the Federal Sentencing Reporter titled "Booker at Twenty." This blog got started just a month before the... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Recommended reading

The title of this post is the title of this article just posted to SSRN and authored by Alexandra L. Klein. Here is its abstract: In 2023, Florida passed a law permitting the imposition of the death penalty for the... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

A helpdul colleague made sure I saw this new ProPublica piece looking at Louisiana's new parole law and practices. I would recommend the lengthy piece in full, with its themes previews by this headline: "An Algorithm Deemed This Nearly Blind... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Technocorrections Who Sentences

As detailed in this press release, the "United States Sentencing Commission announced this week the formation of a Sentence Impact Advisory Group (SIAG) and an ad hoc Research and Data Practices Advisory Group (RDPAG) with the objectives of strengthening, modernizing,... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this article/book review authored by Jeffrey Bellin and I. Bennett Capers and recently posted to SSRN. Here is its abstract: The war on drugs is widely viewed as a policy failure.... Douglas A. Berman Drug Offense Sentencing Who Sentences

As reported in this AP article, a "Florida man convicted of killing a Miami Herald employee who was abducted on her lunch break was executed Tuesday evening." Here is more: Michael Tanzi was pronounced dead at 6:12 p.m. following a... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The question in the title of this post is prompted by this new Bloomberg Law podcast titled "Trump Gets Millions in Pro Bono Work, But Details Still Fuzzy." Here is the set up to the discussion: Law firms are striking... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

Via email, I learned this morning that the Bureau of Justice Statistics has now published new data about jail populations as of 2023 under the exciting title "Jail Inmates in 2023 - Statistical Tables." The new data is available now... Douglas A. Berman Data on sentencing Prisons and prisoners Scope of Imprisonment Who Sentences

The title of this post is the title of this new article now available via SSRN authored by Brandon Stras. Here is its abstract: Though the Pardon Clause could be interpreted to include or exclude corporate offenses, overlooked history suggests... Douglas A. Berman Clemency and Pardons Offender Characteristics Sentences Reconsidered White-collar sentencing Who Sentences

As detailed on this webpage, federal sentencing fans need to mark their calendars for the afternoon of April 11, 2025. In addition to watching The Masters, I now expect to be multitasking because the US Sentencing Commission has noticed its... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this new paper just posted to SSRN and authored by Michael L. Smith. Here is its abstract: Discussions of criminal law, enforcement, and reform are frequently messy and misleading. Anecdotes distract... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The Supreme Court this morning issued this short order list that still has some interesting elements for criminal justice fans. Specifically, the Court granted cert on two cases, both of which involve issues of constitutional criminal procedure. Here are the... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Who Sentences

The question in the title of this post is prompted by this new article discussing statements today by Attorney General Pam Bondi. The piece is headlined "AG Pam Bondi Says Trump Is Going to Seek the Death Penalty ‘Whenever Possible’... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

In this post last August, I asked "what sentence for former US Rep George Santos after his plea to fraud and identity theft?". US District Judge Joanna Seybert is scheduled to provide the official answer to this question at George... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Offender Characteristics Offense Characteristics White-collar sentencing Who Sentences

It has been a couple of montjs since I highlighted essays from Inquest, "a decarceral brainstorm," and so here is coverage of just come of its newer pieces that sentencing fans may want to check out: By Denali Wilson, "Ending... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

As reported in this local article, "hours after the [Maryland] Senate approved the Second Look Act, the House on Thursday quickly accepted Senate amendments to the bill that gives a second chance to long-serving incarcerated individuals and sent the measure... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this recently published book that was just brought to my attention by the publisher, who offered this audience a discount code: "Order online at www.bloomsbury.com -- use the code GLR BD8... Douglas A. Berman Purposes of Punishment and Sentencing Recommended reading

The title of this post is the title of this recent paper now posted to SSRN and authored by Meghan J. Ryan. Here is its abstract: Time is missing from discussions on the theory of retribution. A colossal body of... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences