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"Punishing Violence"

Sentencing Law & Policy - Thu, 05/08/2025 - 13:19
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

Prison Policy Initiative provides helpful analysis of new BJS data on prisons and pregnancies

Sentencing Law & Policy - Thu, 05/08/2025 - 12:50
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

"Lawyers Are Quoting $1 Million in Fees to Get Pardons to Trump"

Sentencing Law & Policy - Wed, 05/07/2025 - 14:26
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

Family of man killed during a road-rage incident uses AI to enable deceased to give victim statement at sentencing hearing

Sentencing Law & Policy - Wed, 05/07/2025 - 13:14
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

"Look What You Made Me Do"

Sentencing Law & Policy - Wed, 05/07/2025 - 12:11
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 releases new report "Justice Delayed: The Growing Wait for Parole After a Life Sentence"

Sentencing Law & Policy - Tue, 05/06/2025 - 10:32
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

First plea to manslaughter brings 15-year sentence for NY corrections officer involved in brutal fatal beating of prisoner

Sentencing Law & Policy - Tue, 05/06/2025 - 08:43
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

"Unlocking Lex Talionis"

Sentencing Law & Policy - Mon, 05/05/2025 - 16:22
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

Prez Trump on social media states he has ordered federal officials to "REBUILD, AND OPEN ALCATRAZ!"

Sentencing Law & Policy - Mon, 05/05/2025 - 10:59
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

Urging follow up to the First Step Act's "monumental success"

Sentencing Law & Policy - Sun, 05/04/2025 - 17:16
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

An official submission and a terrific summary of the USSC's 2025 guideline amendments

Sentencing Law & Policy - Sun, 05/04/2025 - 14:41
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

US Sentencing Commission releases first 2025 Quick Facts with "Individuals in the Federal Bureau of Prisons"

Sentencing Law & Policy - Sun, 05/04/2025 - 10:19
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

"Tonry's Blueprint for the Comparative Study of Sentencing Law and Policy"

Sentencing Law & Policy - Sat, 05/03/2025 - 09:49
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

Noting a notable economic cost from white-collar pardoning

Sentencing Law & Policy - Fri, 05/02/2025 - 14:34
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

Balageas v. Solomon

Maryland Judiciary - Fri, 05/02/2025 - 14:18

Florida completes its fourth execution in 2025

Sentencing Law & Policy - Fri, 05/02/2025 - 08:27
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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