Sentencing Law & Policy

Law360 has this lengthy new piece, headlined "Electronic Tablets Allow Inmates To Connect — With A Cost," which provides an interesting perspective on how a new technology is being used in prisons. I recommend the full piece, and here are... Douglas A. Berman Prisons and prisoners Technocorrections

As detailed in this press release, the "Council on Criminal Justice (CCJ), in partnership with RAND, today announced the launch of a national task force to develop standards and evidence-based recommendations for the integration and oversight of artificial intelligence (AI)... Douglas A. Berman AI in criminal justice systems Technocorrections Who Sentences

The title of this post is the title of this new article authored by Brandon Mordue now available via SSRN. Here is its abstract: The idea that one’s punishment should depend on the crime committed rather than which judge happens... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered

The New York Times has this notable new article about second-look sentencing reform efforts in the states. The full headline highlights the article's themes: "Prison Reform Left Women Behind. Then Prosecutors Stepped In. California passed the nation’s first prosecutor-initiated resentencing... Douglas A. Berman Offender Characteristics Prisons and prisoners Sentences Reconsidered Who Sentences

As reported in this AP piece, a "South Carolina man sent to death row twice for separate murders was put to death Friday by lethal injection in the state’s sixth execution in nine months. Stephen Stanko, 57, was pronounced dead... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms

The title of this post is the title of this new publication from The Sentencing Project. The report runs more than 30 pages and an extensive executive summary comprises the first three substantive pages, and here are ject a few... Douglas A. Berman Gun policy and sentencing Offender Characteristics

As reported in this local article, "convicted murderer has been executed in Oklahoma as a direct result of President Donald Trump's return to office. John Fitzgerald Hanson, 61, was pronounced dead at 10:11 a.m. Thursday, June 12, at the Oklahoma... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this new article authored by Alexandra Harrington now available via SSRN. Here is its abstract: This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Surpeme Court's first released opinion this morning was a unanimous ruling in Rivers v. Guerrero, No. 23-1345 (S. Ct. June 12, 2025) (available here). Authored by Justice Jackson, the opinion begins this way: Incarcerated individuals who seek to challenge... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

Two weeks ago, there were press reports that more federal clemency grants were expected "in the coming days." And yet, we have not seen any new grants from Prez Trump since a set of notable pardons and commutations issued in... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

The title of this post is the headline of this notable new Law360 article authored by Bradley Henry and Nicholas Spiller. The piece discusses at length the pending federal sentencing guideline amendments that essentially eliminate "departures" from the federal sentencing... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

As reported in this local article, "Alabama has executed Gregory Hunt by nitrogen hypoxia for the 1988 murder of Karen Lane." Here is more: A doctor pronounced Hunt to dead at 6:26 p.m. June 10. His death marked Alabama's third... Douglas A. Berman Death Penalty Reforms

As reported in this AP article, a "man convicted of raping and killing a woman three decades ago after kidnapping her from a supermarket parking lot was executed Tuesday in Florida." Here is more: Anthony Wainwright, 54, received a lethal... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

The title of this post is the title of this new paper now available via SSRN and produced by multiple authors. Here is its abstract: Using newly-linked administrative and commercial data from Virginia spanning 25 years, we study the consequences... Douglas A. Berman Prisons and prisoners

The US Sentencing Commission today released on its website this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC has requested public comment on these priorities by July 18, 2025.... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

This new CNN article, headlined "4 executions are scheduled in 4 states over four days this week. Here’s what we know," highlights both upcoming executions and broader capital punishment trendis in the United States this year. Here are excerpts: Over... Douglas A. Berman Death Penalty Reforms Who Sentences

I have not highlighted posts from the Sentencing Matters Substack in a little while in part because I am waiting for my co-substacker to wrap up a five-part series(!) on the US Sentencing Commission's latest guideline amendments (part four was... Douglas A. Berman Death Penalty Reforms Kennedy child rape case Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

I am pleased and thrilled to report on the publication of the latest issue of the Federal Sentencing Reporter titled "Sentencing 'Boat Defendants.'” This issue is anchored by a fascinating article describing sentencing data surrounding a fascinating set of federal... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Offender Characteristics Recommended reading

The Council on Criminal Justice has produced this helpful report to enhance understand of accoutnings of crime data under the title, "When Crime Statistics Diverge: Understanding the Two Major Sources of Crime Data in the U.S." The report is authoed... Douglas A. Berman National and State Crime Data

As noted in this prior post, the Supreme Court altered its recent patterns by issuing this order list late today. And the order list had a whole lot for sentencing fans, with two of three Friday cert grants involving notable... Douglas A. Berman FIRST STEP Act and its implementation Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences