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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

As reported in this New York Times report, "Bryan Kohberger, the man charged in the brutal stabbing deaths of four University of Idaho students, has reached a plea deal to avoid the death penalty, according to a letter that prosecutors... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

In this recent post reviewing the Supreme Court Term just completed, I suggested that Esteras v. United States, which addresses federal supervised release decision-making, could have significant practical impact over an important component of the federal criminal justice system. But... Douglas A. Berman Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Reentry and community supervision Sentences Reconsidered Who Sentences

The quoted portion of the title of this post is the headline of this effective Law360 piece reviewing an array of recent state law developments regarding LWOP punishments for younger offenders. I recommend the lengthy piece in full, and here... Douglas A. Berman Assessing Graham and its aftermath Assessing Miller and its aftermath Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The Surpeme Court released this lengthy order list this morning, and there are a number of items throughout the 32-page list that will be of interest to criminal law fans. For starters, we get a few GVRs based on the... Douglas A. Berman Who Sentences

This official webpage with links to the US Supreme Court's merits opinion for its October Term 2024 lists 66 opinions, though less than 60 are what I would categorize as full opinions. Based on my too-quick review and accounting of... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

While I was distracted by all the Supreme Court end-of-Term action, last week the US Sentencing Commission released its latest federal sentencing quarterly data report which is titled "2nd Quarter Release, Preliminary Fiscal Year 2025 Data Through March 31, 2025."... Douglas A. Berman Booker in district courts Data on sentencing Detailed sentencing data Federal Sentencing Guidelines

The title of this post is the title of this new paper now available via SSRN authored by Jordan Blair Woods. Here is its abstract: Many cities, villages, and towns rely on fines, fees, and other monetary sanctions from traffic... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Offense Characteristics Who Sentences

The Supreme Court mostly wrapped up its docket for October Term 2024 this morning with a whole bunch of 6-3 rulings in civil cases sure to garner lots of attention. (I say "mostly" because there is likely to be a... Douglas A. Berman Apprendi / Blakely Retroactivity Blakely Commentary and News Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this article now available via SSRN and authored by Guerra Thompson Sandra and Samantha Medlin. Here is its abstract: Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Because I believe the Surpeme Court reached the right result in Hewitt this morning when interpretting the reach of a sentencing provision in the First Step Act (basics here), I suppose I should be content. But upon first read, I... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The Supreme Court this morning handed down a standing ruling in a capital case via Guitierrez v. Saenz, No. 23-7809 (S. Ct. June 26, 2025) (available here). The vote was 6-3, and here are the particulars of the votes of... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing

The Supreme Court this morning handed down its final big sentencing opinion of the Term with Hewitt v. United States, No. 23-1002 (S. Ct. June 26, 2025) (available here). The vote was 5-4, and here are the particulars of the... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences