Sentencing Law & Policy

The title of this post is the title of this new article now available via SSRN authored by Talia Roitberg Harmon, Michael L. Perlin, Maren Geiger, Lea Roitberg and Stacy Bielic. Here is its abstract: The United States Supreme Court... Douglas A. Berman Death Penalty Reforms Offender Characteristics Procedure and Proof at Sentencing

This new ABC News piece reports that the "judge who oversaw the trial of Sean 'Diddy' Combs has asked both sides in the case to provide him with sentencing information ahead of the scheduled October sentencing date." Here is more:... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing

The US Sentencing Commission in recent weeks has released a bunch 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... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

I am pleased to see the launch of a new column at SCOTUSblog, being called "ScotusCrim" and being authored by Rory Little to focus "on intersections between the Supreme Court and criminal law." The initial installment is titled "The criminal... Douglas A. Berman Sentences Reconsidered Who Sentences

The folks at The Sentencing Project released this new 36-page report about two states' experiences with in-prison voting. Here are excerpts from the report's executive symmary: Only two U.S. states – Maine and Vermont – do not disrupt the voting... Douglas A. Berman Collateral consequences Prisons and prisoners

The title of this post is the title of this new paper just posted to SSRN and authored by Dennis D. Hirsch, Jared Ott, Angie Westover-Munoz and Chris Yaluma. Here is its abstract: Federal and state criminal justice systems use... Douglas A. Berman Procedure and Proof at Sentencing Technocorrections Who Sentences

I have lately been making it a quarterly habit of highlighted essays from Inquest, "a decarceral brainstorm," and so here is the latest installment of just some recent pieces on an array of topics that sentencing fans may want to... Douglas A. Berman Recommended reading

I gave a talk some years ago, which later became this essay, that discussed why "sentencing is dang hard." That work came to mind as I started thinking about what Judge Arun Subramanian will be facing as he prepares to... Douglas A. Berman

In recent posts about recent exections, I have noted that the US as a whole is on pace for more executions in 2025 than in any year in more than a decade. Against that backdrop, I was interested to see... Douglas A. Berman Death Penalty Reforms

As noted in this prior post, the US Sentencing Commission released in early June this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC requested receiving formal public comment on... Douglas A. Berman Federal Sentencing Guidelines Who Sentences

The title of this post is the title of this article authored by Richard Frase 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 Purposes of Punishment and Sentencing Recommended reading

This lengthy new Slate commentary laments an array of policy and practical developments in federal prisons to argue that "[s]ince his first day in office, the Trump administration has thrown the lives of incarcerated people into chaos — especially the... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners

We are still a year away from a very big anniversary of the signing of the Declaration of Independence, but criminal justice fans can finb a lot to celebrate today on July 4, 2025. As I have been highlighting in... Douglas A. Berman National and State Crime Data Prisons and prisoners Scope of Imprisonment

The title of this post is the title of this notable new report authored by Elizabeth Berger with the Criminal Justice Legal Foundation (which is also discussed at lengthy in this Crime & Consequences post). Here is an excerpt from... Douglas A. Berman National and State Crime Data Prisons and prisoners Scope of Imprisonment

The US Supreme Court issued this short order this morning adding a few notable cases to its docket for argument next Term. The one case in which cert was granted that ought to be of particular interest to criminal justice... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new essay now available via SSRN authored by Christopher Slobogin. Here is its abstract: Expert opinion about dangerousness — the risk of reoffending — is commonly introduced at sentencing, criminal... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

I was enjoying the great outdoors this morning when I heard the news of the (surprising?) split verdict in the high-profile federal trial of Sean 'Diddy' Combs. This Reuters article provides the basics: Sean "Diddy" Combs was cleared on Wednesday... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The Council on Criminal Justice (CCJ) continues its important and timely work on modern crime realities with the release ofthis new report, titled ""Trends in Gun Theft: Leveraging Data to Inform Crime Policy." Here is some text from the start... Douglas A. Berman Gun policy and sentencing National and State Crime Data Offense Characteristics

I am pleased to see that the June 2025 issue of the Criminal Law Forum, which servs as the "Official Journal of the Society for the Reform of Criminal Law," is devoted to celebrating the work of sentencing guru Michael... Douglas A. Berman Recommended reading

In this new Forbes article, headlined "Bureau Of Prisons Director William Marshall Addresses Challenges," Walter Pavlo reports on his interview with BOP's new leader. I recommend the full piece, and here are some excerpts: Newly appointed Bureau of Prisons (BOP)... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners Who Sentences