I do not know why this platform was down yesterday, but I do know I have seen a wide array of intriguing pieces about matters of crime and punishment in recent days. So, making up for lost blogging time, here...
Douglas A. Berman
Recommended reading
As reported in this local article, headlined "State chipping away at SCOTUS ruling that outlawed death sentences for juvenile offenders," Louisiana's Attorney General is taking steps to seek reconsideration of the Supreme Court's jurisprudence precluding the death penalty for juvenile...
Douglas A. Berman
Death Penalty Reforms
Offender Characteristics
Sentences Reconsidered
Who Sentences
A few weeks ago, via this post, I flagged an effective press piece that detailed some ugly aspects of how New Jersey has been implementing a new state compassionate release law. Today I just saw this similar press piece regarding...
Douglas A. Berman
Prisons and prisoners
Procedure and Proof at Sentencing
Sentences Reconsidered
Who Sentences
The title of this post is the title of this new paper authored by Mark William Osler now avaialble via SSRN. Here is its abstract: The crack epidemic of the 20th century and the fentanyl epidemic of the 21st century...
Douglas A. Berman
Drug Offense Sentencing
Federal Sentencing Guidelines
Mandatory minimum sentencing statutes
Offense Characteristics
Race, Class, and Gender
Last week, a divided Tenth Circuit panel handed down yet another a notable new Second Amendment opinion regarding the (un)constitutionality of federal law’s criminal prohibition of gun possession by anyone "who is an unlawful user of or addicted to any...
Douglas A. Berman
Second Amendment issues
Who Sentences
The quirky question in the title of this post is prompted by the latest essay by Jonathan Wroblewski over at the Sentencing Matters Substack. The essay, which should be read in full, is titled, "An AI Experiment — Part 1:...
Douglas A. Berman
Celebrity sentencings
Technocorrections
White-collar sentencing
Who Sentences
Adam Gelb, who heads the Council on Criminal Justice, has this intriguing new Newsweek commentary concerning the term "early release." I recommend the piece in full, and here are excerpts (links from the original): "Early release" is used casually and...
Douglas A. Berman
FIRST STEP Act and its implementation
Prisons and prisoners
The title of this post is the title of this new article authored by Michael Smith now available via SSRN. Here is its abstract: Defendants in criminal cases are routinely detained pending trial because they are deemed dangerous. In some...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
A couple of years ago, as noted in this post,the Drug Enforcement and Policy Center at The Ohio State University released all of Season One of a new podcast, "Drugs on the Docket." All six full episodes of this first...
Douglas A. Berman
Procedure and Proof at Sentencing
Scope of Imprisonment
Who Sentences
As reported in this AP article, a "man convicted of killing his girlfriend, her mother and a man he claimed owed him $2,000 was put to death Thursday in a record 11th execution this year by the state of Florida."...
Douglas A. Berman
Baze and Glossip cases and execution methods
Death Penalty Reforms
The title of this post is the title of this new article now available via SSRN and authored by Tobie Smith. Here is its abstract: The Supreme Court has revitalized the jury’s role in criminal sentencing over the past quarter...
Douglas A. Berman
Almendarez-Torres and the prior conviction exception
Mandatory minimum sentencing statutes
Offender Characteristics
Procedure and Proof at Sentencing
Who Sentences
This press piece, headlined "US Prosecutors Challenge 'Unusually Lenient' Sentence in HashFlare Mining Fraud," reports that federal prosecutors were quick to appeal this notable federal sentencing decision in a cryptocurrency fraud handed down this week. Here is a bit of...
Douglas A. Berman
Federal Sentencing Guidelines
Purposes of Punishment and Sentencing
White-collar sentencing
I was pleased to learn via an email that The Sentencing Project has updated its report from last year (noted here) on second look sentencing developments. This new 44-page report is titled "The Second Look Movement: An Assessment of the...
Douglas A. Berman
Sentences Reconsidered
State Sentencing Guidelines
Who Sentences
The question in the title of this post is prompted by Prez Trump's latest social media posting, which asserts that "Speaker Mike Johnson, and Leader John Thune, are working with me, and other Republicans, on a Comprehensive Crime Bill." I...
Douglas A. Berman
Criminal justice in the Trump Administration
Elections and sentencing issues in political debates
Who Sentences
As reported in this CNN article, Prez Trump today was making a pitch for pursuit of the death penalty in response to ebery murder in Washington DC: President Donald Trump said that his administration will seek the death penalty in...
Douglas A. Berman
Criminal justice in the Trump Administration
Death Penalty Reforms
Who Sentences
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