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A little more coverage, and a lot more to ponder, concerning great homicide declines

Thu, 05/29/2025 - 11:20
I flagged a few weeks ago, after noting my own 2025 posts (here and here) detailing big city homicide data showing the remarkable decline in murders apparently unfolding in many large urban areas, that I had see relatively little general... Douglas A. Berman National and State Crime Data

Federal Bureau of Prisons releases new directive on home confinement and First Step implementation

Thu, 05/29/2025 - 08:29
Walter Pavlo has this notable new Forbes piece headlined "Federal Bureau Of Prisons To Expand Home Confinement." Here is how it begins: The First Step Act is a significant piece of criminal justice reform legislation signed into law by Donald... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners

Another day, another remarkable batch of clemency grants from Prez Trump

Wed, 05/28/2025 - 22:24
As reported in this CNN piece, "President Donald Trump used his pardon power to grant clemency to a wave of individuals this week who had been convicted of crimes that range from public corruption, guns and even maritime-related offenses, according... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

A thoughtful set of essays exploring "What Was the War on Drugs?"

Wed, 05/28/2025 - 11:44
Over the last few weeks, I have been very much enjoying a multi-part series of posts by Charles Fain Lehman at his Causal Fallacy Substack under the heading "What Was the War on Drugs?". Though the topic of the drug... Douglas A. Berman Drug Offense Sentencing Recommended reading

"Criminal Culpability and the Community"

Wed, 05/28/2025 - 10:15
The title of this post is the title of this new paper authored by T. Markus Funk and available via SSRN. Here is its abstract: Determining an offender’s criminal culpability is an evergreen challenge. It demands a careful blending of... Douglas A. Berman Offender Characteristics Offense Characteristics Victims' Rights At Sentencing

Prez Trump continues to pardon array of white-collar offenders

Tue, 05/27/2025 - 23:10
I have flagged in prior posts (examples here and here and here) that persons convicted of various white-collar offenses are those now most likely to be getting the benefit of Prez Trump's clemency pen. The last few days have demonstrated... Douglas A. Berman Clemency and Pardons Sentences Reconsidered White-collar sentencing Who Sentences

How about BigLaw firms giving more attention to incercarated veterans with their new pro bono commitments?

Tue, 05/27/2025 - 17:27
In a couple of posts last month (linked below), I highlighted that the deals Prez Trump cut with multiple BigLaw firms provided for hundreds of million of dollars in pro bono legal services to be devoted, at least in part,... Douglas A. Berman Offender Characteristics Prisons and prisoners Who Sentences

Supreme Court grants cert on whether possible 2255 claims can provide basis for 3582(c)(1)(A) sentence reduction

Tue, 05/27/2025 - 09:40
As regular readers know, I have been keeping a close eye on cases that have been dividing the lower federal courts regarding the US Sentencing Commission's 2023 policy statement providing that some limited "changes in the law" in certain cases... Douglas A. Berman FIRST STEP Act and its implementation Sentences Reconsidered Who Sentences

Florida prosecutors to pursue capital charges against two murderers who had federal death sentences commuted by Prez Biden

Mon, 05/26/2025 - 21:14
As reportedin this local press piece, Florida "officials plan to begin proceedings to prosecute and seek the death penalty against two men whose federal death sentences for the 2006 drug-related slayings of a family on Florida’s Turnpike in St. Lucie... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences

Notable new data on COVID-era releases and return to prison in California

Mon, 05/26/2025 - 09:14
A few folks have flagged for me this recent CalMatters piece headlined "California released 15,000 prisoners early during COVID. New data reveals what happened to many of them." The interesting piece details some notable original data collection on prisoners released... Douglas A. Berman Data on sentencing Impact of the coronavirus on criminal justice Prisons and prisoners Reentry and community supervision

Bureau of Justice Statistics releases "Homicide Victimization in the United States, 2023"

Sat, 05/24/2025 - 08:51
Earlier this month, the Bureau of Justice Statistics released this new report titled "Homicide Victimization in the United States, 2023." This full report runs 23 pages, and it is full of all sorts of notable data about homicides. Here is... Douglas A. Berman National and State Crime Data Offense Characteristics

"Rescuing State Punishment Clauses from the Deferential Doctrine"

Fri, 05/23/2025 - 11:50
The title of this post is the title of this new paper authored by William Berry III available via SSRN. Here is its abstract: A number of state appellate courts read any sentencing decisions by lower courts that are “within... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Tennessee completes its first execution in five years

Thu, 05/22/2025 - 14:27
As reported in this local article, "Tennessee has executed Oscar Franklin Smith, sentenced to death for the 1989 killings of his estranged wife Judith Robirds Smith and her two teenage sons, Chad Burnett and Jason Burnett, in Nashville." Here is... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

Supreme Court unanimously upholds broad reach of federal wire fraud prohibition

Thu, 05/22/2025 - 10:20
The Supreme Court handed down a unanimous opinion (with three interesting concurrences) this morning in Kousisis v. US, No. 23–909 (S. Ct. May 22, 2025) (available here). Here is the accounting of the votes and opinon writing: BARRETT, J., delivered... Douglas A. Berman Offense Characteristics White-collar sentencing

US Sentencing Commission releases notable new "Quick Facts" on firearm offenses

Thu, 05/22/2025 - 09:32
Earlier this week, the US Sentencing Commission released a few more of its terrific "Quick Facts" publications. As regular readers know, I find so very interesting all the these short data documents, which are designed to "give readers basic facts... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Gun policy and sentencing Offense Characteristics Second Amendment issues

"Get Rid of Pardons"

Wed, 05/21/2025 - 22:10
The title of this post is the title of this essay authored by Chad Flanders that I just saw on SSRN. Here is its abstract: Pardons and commutations are in theory compatible with the rule of law, if we see... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Taking stock of two remaining SCOTUS sentencing cases as OT24 winds down

Wed, 05/21/2025 - 12:20
The US Supreme Court is likely to hand down opinions tomorrow, and it will continue to do so on a semi-regular basis over the next six weeks as it finishes up its work for its October Term 2024. Though a... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Progressive DA Larry Krasner easily wins primary in Philadelphia on way to third term

Wed, 05/21/2025 - 09:20
As reported in this AP article, "Larry Krasner has won Philadelphia’s Democratic primary election Tuesday to continue serving as district attorney after withstanding an impeachment attempt and years of criticism by President Donald Trump and other Republicans." Here is more:... Douglas A. Berman Elections and sentencing issues in political debates Who Sentences

Texas completes execution of murderer who set store clerk on fire

Tue, 05/20/2025 - 22:45
As reported in this AP piece, a "Texas man was executed Tuesday evening, 13 years to the day of a convenience store robbery in which he set a clerk on fire in a Dallas suburb." Here is more: Matthew Lee... Douglas A. Berman Death Penalty Reforms

Noting encouraging results from "Returning Citizens Stimulus program"

Tue, 05/20/2025 - 11:13
Stateline has this new article, headlined "Cash assistance may curb recidivism among people leaving prison, study says," reporting on encouraging early results from a notable recidivism reduction program. I recommend the full article and underlying study which are briefly described... Douglas A. Berman Reentry and community supervision

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