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
As reported in this local piece, "At 6:01 p.m., in a crack of rifle shots, Mikal Mahdi was executed inside of the Broad River Road Correctional Institution in Columbia, South Carolina, on Friday." Here is more: Mahdi, who killed two...
Douglas A. Berman
Baze and Glossip lethal injection cases
Death Penalty Reforms
At a public hearing this afternoon, the US Sentencing Commission voted unanimously to advance a significant set of amendments to the federal sentencing guidelines. One major amendment is focused on guideline "simplification" by eliminating lots of "departures" from the guideline...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
For a host of reasons, I am very pleased and very excited to report on the online publication of the latest issue of the Federal Sentencing Reporter titled "Booker at Twenty." This blog got started just a month before the...
Douglas A. Berman
Booker and Fanfan Commentary
Federal Sentencing Guidelines
Procedure and Proof at Sentencing
Recommended reading
The title of this post is the title of this article just posted to SSRN and authored by Alexandra L. Klein. Here is its abstract: In 2023, Florida passed a law permitting the imposition of the death penalty for the...
Douglas A. Berman
Death Penalty Reforms
Sentences Reconsidered
Who Sentences
A helpdul colleague made sure I saw this new ProPublica piece looking at Louisiana's new parole law and practices. I would recommend the lengthy piece in full, with its themes previews by this headline: "An Algorithm Deemed This Nearly Blind...
Douglas A. Berman
Procedure and Proof at Sentencing
Sentences Reconsidered
Technocorrections
Who Sentences
As detailed in this press release, the "United States Sentencing Commission announced this week the formation of a Sentence Impact Advisory Group (SIAG) and an ad hoc Research and Data Practices Advisory Group (RDPAG) with the objectives of strengthening, modernizing,...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
The title of this post is the title of this article/book review authored by Jeffrey Bellin and I. Bennett Capers and recently posted to SSRN. Here is its abstract: The war on drugs is widely viewed as a policy failure....
Douglas A. Berman
Drug Offense Sentencing
Who Sentences
As reported in this AP article, a "Florida man convicted of killing a Miami Herald employee who was abducted on her lunch break was executed Tuesday evening." Here is more: Michael Tanzi was pronounced dead at 6:12 p.m. following a...
Douglas A. Berman
Baze and Glossip lethal injection cases
Death Penalty Reforms
The question in the title of this post is prompted by this new Bloomberg Law podcast titled "Trump Gets Millions in Pro Bono Work, But Details Still Fuzzy." Here is the set up to the discussion: Law firms are striking...
Douglas A. Berman
FIRST STEP Act and its implementation
Prisons and prisoners
Who Sentences
Via email, I learned this morning that the Bureau of Justice Statistics has now published new data about jail populations as of 2023 under the exciting title "Jail Inmates in 2023 - Statistical Tables." The new data is available now...
Douglas A. Berman
Data on sentencing
Prisons and prisoners
Scope of Imprisonment
Who Sentences
The title of this post is the title of this new article now available via SSRN authored by Brandon Stras. Here is its abstract: Though the Pardon Clause could be interpreted to include or exclude corporate offenses, overlooked history suggests...
Douglas A. Berman
Clemency and Pardons
Offender Characteristics
Sentences Reconsidered
White-collar sentencing
Who Sentences
As detailed on this webpage, federal sentencing fans need to mark their calendars for the afternoon of April 11, 2025. In addition to watching The Masters, I now expect to be multitasking because the US Sentencing Commission has noticed its...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
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