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Federal Bureau of Prisons announces new policies to "avoid wasting millions of taxpayer dollars on unnecessary incarceration"

Sentencing Law & Policy - Wed, 06/18/2025 - 09:02
I just saw this morning this new one-page press release from the federal Bureau of Prisons titled "Bureau of Prisons Issues Directive to Fully Implement First Step Act and Second Chance Act." The release merits a full read, and here... Douglas A. Berman Criminal justice in the Trump Administration FIRST STEP Act and its implementation Prisons and prisoners Who Sentences

US Sentencing Commission releases new "Quick Facts" on "Prison Contraband"

Sentencing Law & Policy - Tue, 06/17/2025 - 11:22
I am pleased to see that the US Sentencing Commission is continuing to release new "Quick Facts" publications, today with a "special edition" focused on prison contraband. (Long-time readers know I cannot praise the USSC enough for producing these convenient... Douglas A. Berman Data on sentencing Detailed sentencing data Federal Sentencing Guidelines Offender Characteristics Offense Characteristics Prisons and prisoners

"Public Defenders and Collective Action"

Sentencing Law & Policy - Tue, 06/17/2025 - 11:16
The title of this post is the title of this new paper available via SSRN and authored by Nirej Sekhon. Here is its abstract: It is clear that American carceral policy is excessively harsh, but it is unclear how to... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

Reviewing some pros and cons as prisons widely embrace electronic tablets

Sentencing Law & Policy - Mon, 06/16/2025 - 17:25
Law360 has this lengthy new piece, headlined "Electronic Tablets Allow Inmates To Connect — With A Cost," which provides an interesting perspective on how a new technology is being used in prisons. I recommend the full piece, and here are... Douglas A. Berman Prisons and prisoners Technocorrections

CCJ and RAND announce launch of "Task Force on Artificial Intelligence" to examine AI in CJS

Sentencing Law & Policy - Mon, 06/16/2025 - 12:17
As detailed in this press release, the "Council on Criminal Justice (CCJ), in partnership with RAND, today announced the launch of a national task force to develop standards and evidence-based recommendations for the integration and oversight of artificial intelligence (AI)... Douglas A. Berman AI in criminal justice systems Technocorrections Who Sentences

"Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities"

Sentencing Law & Policy - Mon, 06/16/2025 - 08:36
The title of this post is the title of this new article authored by Brandon Mordue now available via SSRN. Here is its abstract: The idea that one’s punishment should depend on the crime committed rather than which judge happens... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered

Highlighting efforts to fill a gender gap in second-look sentencing reform efforts

Sentencing Law & Policy - Sat, 06/14/2025 - 10:09
The New York Times has this notable new article about second-look sentencing reform efforts in the states. The full headline highlights the article's themes: "Prison Reform Left Women Behind. Then Prosecutors Stepped In. California passed the nation’s first prosecutor-initiated resentencing... Douglas A. Berman Offender Characteristics Prisons and prisoners Sentences Reconsidered Who Sentences

South Carolina complete execution of double murderer 20 years after his crimes

Sentencing Law & Policy - Sat, 06/14/2025 - 09:23
As reported in this AP piece, a "South Carolina man sent to death row twice for separate murders was put to death Friday by lethal injection in the state’s sixth execution in nine months. Stephen Stanko, 57, was pronounced dead... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms

"From Punishment to Prevention: A Better Approach to Addressing Youth Gun Possession"

Sentencing Law & Policy - Fri, 06/13/2025 - 08:50
The title of this post is the title of this new publication from The Sentencing Project. The report runs more than 30 pages and an extensive executive summary comprises the first three substantive pages, and here are ject a few... Douglas A. Berman Gun policy and sentencing Offender Characteristics

Oklahoma completes execution for murder committed 25+ years ago

Sentencing Law & Policy - Fri, 06/13/2025 - 08:38
As reported in this local article, "convicted murderer has been executed in Oklahoma as a direct result of President Donald Trump's return to office. John Fitzgerald Hanson, 61, was pronounced dead at 10:11 a.m. Thursday, June 12, at the Oklahoma... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

"Second Look Myopia: State Sentencing Reform and the Local Prosecutorial Response"

Sentencing Law & Policy - Thu, 06/12/2025 - 11:26
The title of this post is the title of this new article authored by Alexandra Harrington now available via SSRN. Here is its abstract: This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to... Douglas A. Berman Offender Characteristics Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Unanimous Supreme Court clarifies what qualifies as "second or successive" habeas application under AEDPA

Sentencing Law & Policy - Thu, 06/12/2025 - 10:11
The Surpeme Court's first released opinion this morning was a unanimous ruling in Rivers v. Guerrero, No. 23-1345 (S. Ct. June 12, 2025) (available here). Authored by Justice Jackson, the opinion begins this way: Incarcerated individuals who seek to challenge... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

Another round of coverage and comment on Prez Trump's clemency practices

Sentencing Law & Policy - Wed, 06/11/2025 - 14:27
Two weeks ago, there were press reports that more federal clemency grants were expected "in the coming days." And yet, we have not seen any new grants from Prez Trump since a set of notable pardons and commutations issued in... Douglas A. Berman Clemency and Pardons Criminal justice in the Trump Administration Sentences Reconsidered Who Sentences

"The Sentencing Guidelines Are Commencing A New Era"

Sentencing Law & Policy - Wed, 06/11/2025 - 09:38
The title of this post is the headline of this notable new Law360 article authored by Bradley Henry and Nicholas Spiller. The piece discusses at length the pending federal sentencing guideline amendments that essentially eliminate "departures" from the federal sentencing... Douglas A. Berman Booker and Fanfan Commentary Federal Sentencing Guidelines Procedure and Proof at Sentencing Who Sentences

Alabama completes another execution using nitrogen gas

Sentencing Law & Policy - Tue, 06/10/2025 - 20:41
As reported in this local article, "Alabama has executed Gregory Hunt by nitrogen hypoxia for the 1988 murder of Karen Lane." Here is more: A doctor pronounced Hunt to dead at 6:26 p.m. June 10. His death marked Alabama's third... Douglas A. Berman Death Penalty Reforms

Florida completes its sixth execution of 2025

Sentencing Law & Policy - Tue, 06/10/2025 - 19:30
As reported in this AP article, a "man convicted of raping and killing a woman three decades ago after kidnapping her from a supermarket parking lot was executed Tuesday in Florida." Here is more: Anthony Wainwright, 54, received a lethal... Douglas A. Berman Baze and Glossip lethal injection cases Death Penalty Reforms

"Revisiting the Lasting Impacts of Incarceration"

Sentencing Law & Policy - Tue, 06/10/2025 - 13:30
The title of this post is the title of this new paper now available via SSRN and produced by multiple authors. Here is its abstract: Using newly-linked administrative and commercial data from Virginia spanning 25 years, we study the consequences... Douglas A. Berman Prisons and prisoners

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