The title of this post is the title of this new paper authored by Shima Baradaran Baughman now available via SSRN. Here is its abstract: The American criminal justice system is known to dole out the harshest punishments in the...
Douglas A. Berman
Prisons and prisoners
Purposes of Punishment and Sentencing
Scope of Imprisonment
Emily Widra and Emmett Sanders at the Prison Policy Initiative have produced this notable briefing digging into this new Bureau of Justice Statistics publication titled "Maternal Healthcare and Pregnancy Prevalence and Outcomes in Prisons, 2023." This briefing's title provides its...
Douglas A. Berman
Offender Characteristics
Prisons and prisoners
Race, Class, and Gender
The title of this post is the headline of this new Bloomberg Law article, which is worth reading in full. Here are some extended excerpts: The president “is effectively and responsibly using his constitutional authority,” White House spokesman Harrison Fields...
Douglas A. Berman
Clemency and Pardons
Sentences Reconsidered
White-collar sentencing
Who Sentences
This local story out of Arizona seems like just one glimpse into the brave new digital world that all lawyers and legal institutions need to be thinking about. The article is headlined "Family uses AI to create video for deadly...
Douglas A. Berman
Procedure and Proof at Sentencing
Technocorrections
Victims' Rights At Sentencing
Who Sentences
The title of this post is the title of this new paper authored by Russell Gold which is now available via SSRN. Here is its abstract: Who’s to blame for crime? Individuals who commit crime or a society that has...
Douglas A. Berman
Procedure and Proof at Sentencing
Who Sentences
The Sentencing Project has today released to this new report titled "Justice Delayed: The Growing Wait for Parole After a Life Sentence," and that title foreshadows its findings. Here is the start of the 24-page report's executive summary: The number...
Douglas A. Berman
Prisons and prisoners
Procedure and Proof at Sentencing
Scope of Imprisonment
Sentences Reconsidered
I briefly flagged in this post this past December some reporting on the horrific video of multiple guards assaulting prisoner Robert Brooks, who was fatally beaten while handcuffed at Marcy Correctional Facility in Oneida, New York. Now, as reported in...
Douglas A. Berman
Offender Characteristics
Offense Characteristics
Who Sentences
The title of this post is the title of this new paper authored by Christopher Lewis now available via SSRN. Here is its abstract: In this paper, I operationalize the classical retributive formulation of proportionality — Lex Talionis, or "an...
Douglas A. Berman
Purposes of Punishment and Sentencing
In this Truth Social post last night, Prez Donald Trump stated: "I am directing the Bureau of Prisons, together with the Department of Justice, FBI, and Homeland Security, to reopen a substantially enlarged and rebuilt ALCATRAZ, to house America’s most...
Douglas A. Berman
Criminal justice in the Trump Administration
Prisons and prisoners
Timothy Head has this new commentary under the headline "Trump’s First Step Act Was a Monumental Success. His New Administration Has a Chance to Build On It." I recommend the full piece, and here are excerpts (with links from the...
Douglas A. Berman
Criminal justice in the Trump Administration
Prisons and prisoners
Reentry and community supervision
Who Sentences
As detailed in this post a few weeks ago, the US Sentencing Commission voted to submit to Congress a set of notable new amendments to the US sentencing guidelines, policy statements, and commentary. Last week, the Commission formally posted here...
Douglas A. Berman
Federal Sentencing Guidelines
Who Sentences
Regular readers know I am a huge fan of the US Sentencing Commission's "Quick Facts" publications, which "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format." The Commission typically updates these great short...
Douglas A. Berman
Data on sentencing
Detailed sentencing data
Federal Sentencing Guidelines
Prisons and prisoners
The title of this post is the title of this new essay authored by Kevin Reitz now available via SSRN. Here is its abstract: This essay explores Michael Tonry's treatment of sentencing law and policy within the U.S. as an...
Douglas A. Berman
State Sentencing Guidelines
Who Sentences
I have flagged in recent posts here and here and here that persons convicted of various white-collar offenses are now those most likely to be getting the benefit of Prez Trump's clemency pen. And via this new Washington Post piece,...
Douglas A. Berman
Clemency and Pardons
Fines, Restitution and Other Economic Sanctions
Sentences Reconsidered
White-collar sentencing
As reported in this AP piece, an "Army combat veteran whose Gulf War experience triggered severe mental problems was executed Thursday evening in Florida for the 1998 shotgun slayings of his girlfriend and her three young children." Here is more:...
Douglas A. Berman
Data on sentencing
Death Penalty Reforms
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