Sentencing Law & Policy

A particular large prison in a small country just to the south of the United States has generated a whole lot of news and commentary in recent weeks. While many others continue to cover that story robustly, I figured I... Douglas A. Berman Prisons and prisoners Scope of Imprisonment

The title of this post is the title of this new article authored by Eric Fish now available via SSRN. Here is its abstract: The federal government has created a separate and unequal sentencing system for undocumented immigrants. Over a... Douglas A. Berman Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Who Sentences

I have done a couple of 2025 posts (here and here and linked below) drawing on big city "real time" homicide data from police departments to make the case that a remarkable decline in murders seems to be unfolding in... Douglas A. Berman National and State Crime Data

Regular readers know that I consider Bolts as must-read for many reasons, and particularly for its effective coverage of a range of state and local criminal justice issues. In the last couple weeks, Bolts has covered notable sentencing stories involving... Douglas A. Berman Assessing Miller and its aftermath Clemency and Pardons Sentences Reconsidered Who Sentences

Earlier this week, the US Sentencing Commission released its latest quarterly data report, which sets forth "Preliminary Fiscal Year 2025 Data Through December 31, 2024." Among other possible takeaways, I find notable in this latest accounting how (statistically) stable the... Douglas A. Berman Criminal justice in the Biden Administration Criminal justice in the Trump Administration Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

The title of this post is the title of this new article authored by Edward Rubin available via SSRN. Here is its abstract: The concept of mercy is often proposed as an antidote to the punitive excesses of our current... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

In this post way back in 2005 just over a week after the Supreme Court's Booker ruling, I summarized a message sent out to federal district judges as saying "Always remember to show your work." That long-ago post came to... Douglas A. Berman Booker in district courts Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by R. George Wright and now available via SSRN. Here is its abstract: More than three generations ago, the Supreme Court took Eighth Amendment jurisprudence on a... Douglas A. Berman Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

In this post a couple months ago, I flagged some "real-time" police data showing positive early 2025 homicide trends in some big cities. I cautioned at that time that it was way too early into 2025 to assume that the... Douglas A. Berman National and State Crime Data

The title of this post is the title of this upcoming event, the 2025 Matthew J. Ryan Law and Public Policy Forum, scheduled for next Friday and presented by the David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The organization Ohioans to Stop Executions this morning released this new report about capital punishment in Ohio titled "The Human Cost of the Death Penalty." Here is how the report's executive summary starts: In dollars and cents, the death penalty... Douglas A. Berman Death Penalty Reforms

The title of this post is the title of this new paper authored by Christina Miller and just posted on SSRN. Here is its abstract: Jill, living with addiction and arrested with heroin, appears before a judge the day after... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Who Sentences

I reported in this recent post that, on Friday afternoon, the US Sentencing Commission voted to promulgate a set of notable amendments to the US Sentencing Guidelines. I am still working my way through the substance of the amendments that... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

The state of public defense often seems quite dire in settings where the Constitution ensures a right to counsel, even without even considering the wide and deep problems of unmet legal needs elsewhere in our criminal justice systems. These issue... Douglas A. Berman Criminal justice in the Trump Administration Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this notable recent Law360 piece that provides a great review of a program and research led by SDNY US District Judge Richard Berman that I reported on here a few years... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision Who Sentences

Late last week, Prez Trump named a new director for the federal prison system. The appointment has gotten lots of attention and press coverage in West Virgina, as noted in this local piece: President Donald Trump has named West Virginia... Douglas A. Berman Criminal justice in the Trump Administration Prisons and prisoners

The question in the title of this post is prompted by this notable new filing in the case of US v. Mangione, which is titled "Defendant Luigi Mangione’s Motion To Preclude The Government From Seeking The Death Penalty." The filing,... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

Late last week, a split Michigan Supreme Court ruled in People v. Taylor, No. 166428 (Mich. April 10, 2025) (available here), that "the application of a mandatory sentence of LWOP under MCL 750.316 to [two persons who committed murder when... Douglas A. Berman Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this newly pubished article authored by Lula Hagos that I just came accross online. Here is its abstract: Criminal restitution — the money paid by a defendant to a victim —... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Race, Class, and Gender

As reported in this Los Angeles Times article, headlined "Menendez brothers to get resentencing after D.A. fails in bid to stop it," yesterday brough a notable development in a notable state resentencing effort. Here are excerpts from a lengthy article:... Douglas A. Berman Celebrity sentencings Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences