Sentencing Law & Policy

Anyone keeping an eye on crime trends will want to be sure to read these two new Substack posts: From Jeff-alytics, "Assessing Crime At Midyear: The trends aren't set in stone but they are clearly established." Excerpts: Crime almost certainly... Douglas A. Berman National and State Crime Data

The Justcie Department's Bureau of Justice Statistics today released this new data report titled "Probation and Parole in the United States, 2023." Here is how this report begins and a few "highlights" noted onits first page: An estimated 3,772,000 adults... Douglas A. Berman Data on sentencing Detailed sentencing data Reentry and community supervision

I am not sure I would describe criminal justice articles from Law360 as "beach reading," but I am sure that I have noticed a number of notable pieces on that site should not be overlooked amid summer fun. So here... Douglas A. Berman Recommended reading

Via this inauguration executive order, Prez Trump called the death penalty the "only proper punishment for the vilest crimes" and asserted that his "Administration will not tolerate efforts to stymie and eviscerate the laws that authorize capital punishment against those... Douglas A. Berman Death Penalty Reforms Offense Characteristics Procedure and Proof at Sentencing Who Sentences

As reported in this Reuters piece, "former Louisville police officer Brett Hankison was sentenced on Monday to 33 months in prison for violating Breonna Taylor's rights during the raid in which she was shot and killed." The US Justice Department,... Douglas A. Berman Offender Characteristics Offense Characteristics

A few days ago, Slate ran this new commentary from Frank Bowman discussing the latest reporting on Prez Biden's clemency actions on his way out of the Oval Office. I recommend the piece in full, and here is how it... Douglas A. Berman Clemency and Pardons Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new article published in the Journal of Criminal Justice and authored by Noy Assaraf and Roni Factor. Here is its abstract: Objectives While many studies have examined the impact of... Douglas A. Berman Prisons and prisoners

While I was on the road, a Third Circuit panel handed down a notable new Second Amendment opinion in US v Harris, No. 21-3031 (3d Cir. July 14, 2025) (available here). The Harris ruling concerns the (un)constitutionality of federal law’s... Douglas A. Berman Gun policy and sentencing Second Amendment issues

The title of this post is the headline of this intersting research published at Corrections 1 that is described as a "futures study of a particular emerging issue of relevance to law enforcement." The article begins with this account of... Douglas A. Berman Prisons and prisoners Technocorrections

Law360 has this lengthy new article providing a detail examination of the Supreme Court's rulings in an array of criminal cases during its October 2024 Term. The article's headline, "High Court Term Yields Gains For Criminal Defendants," reveals its essential... Douglas A. Berman Sentences Reconsidered Who Sentences

As reported in this CNN piece, the "Justice Department is asking that a former police officer found guilty of violating the civil rights of Breonna Taylor in 2020 -- when she was shot and killed by police in her Louisville... Douglas A. Berman Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing

This press release from the Buraeu of Prisons earlier this week reports on a notable development inside the BOP. The heading of the press release provides the basics: "Director Marshall Launches FSA Task Force: New Initiative to Tackle Delays, Equip... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

As reported in this AP article, on Tuesday of this week, a "man convicted of fatally shooting two people outside a Florida bar in 1993 as part of an attempted revenge killing was executed Tuesday evening, the 26th person put... Douglas A. Berman Death Penalty Reforms

Though it is not technically mid-summer, I am on a mid-summer trip that will leave me relatively little time for blogging for the rest of this week. (In addition, when I have some spare time this week, there is a... Douglas A. Berman Recommended reading

Recent decades has brought considerable concerns about so-called "school-to-prison" pipelines, a term meant to lament certain educational policies and practices that serve to enhance the prosepcts of some students being caught up in criminal justice systems. But this new Marhsall... Douglas A. Berman Death Penalty Reforms Offender Characteristics

The New York Times has two notable new articles covering the controversies surrounding former Prez Biden's late-term clemencies and compentencies. Here are the pieces: "Biden Says He Made the Clemency Decisions That Were Recorded With Autopen" "Excerpts From The Times’s... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Who Sentences

The title of this post is the title of this article authored by Cassia Spohn in the June 2025 issue of the Criminal Law Forum. (As noted in this prior post, this journal issue is devoted to celebrating the work... Douglas A. Berman Recommended reading

This New York Times opinion piece, titled "Governors, Use Your Clemency Powers" and authored by Steve Zeidman, focuses on the need for states' chief executives to step up their clemency work. The piece is worth a full read (though it... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

The title of this post is the title of this new article now available via SSRN and authored by Charles Hintz. Here is its abstract: Federal habeas is a mess. The reason is the current doctrine’s myopic proceduralism: its obsession... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

In the latest chapter of a long running saga, a panel of the DC Circuit today upheld the authority of then-Secretary of Defense Lloyd Austin to withdraw from plea agreements with three of the 9/11 defendants. The start of the... Douglas A. Berman Death Penalty Reforms Sentences Reconsidered Who Sentences