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In this post a couple of weeks ago, I spotlighted some encouraging homicide data from a number of big cities. But I got access to this data only via a patchwork of (inconsistent) city-level police reports. Helping the crime data... Douglas A. Berman National and State Crime Data

The Death Penalty Information Center yesterday released this big new report about capital sentencing and execution trends for young people over the last two decades, with a particular attention focused on those aged 18 to 20. (An overview of the... Douglas A. Berman Data on sentencing Death Penalty Reforms Detailed sentencing data Offender Characteristics Race, Class, and Gender

As detailed in this press release, earlier this month the U.S. Commission on Civil Rights releases this new report, "Enforcing Religious Freedom in Prisons," which serves as an update to the Commission’s 2008 report of the same name. As explained... Douglas A. Berman Prisons and prisoners

In this post yesterday, I noted that I had not been able to find analyses looking closely at all of the Trump Administration's actions in the criminal justice enforcement and sentencing space over its first 100 days, and I suggested... Douglas A. Berman Criminal justice in the Trump Administration Who Sentences

The title of this post is the title of this new paper authored by multiple folks at Yale Law School and now available via SSRN. Here is its abstract: In the federal system, judges have authority to sentence individuals to... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision

I have not been able to find today any new press pieces or other analyses looking closely at what the Trump Administration has done with respect to traditionally criminal justice enforcement and sentencing over its first 100 days. (Excitingly, the... Douglas A. Berman Criminal justice in the Biden Administration Criminal justice in the Obama Administration Criminal justice in the Trump Administration Prisons and prisoners

The title of this post is the title of this new article now available via SSRN authored by Eric Fish and Chesa Boudin. Here is its abstract: Debates over the separation of powers in criminal law ignore defense lawyers. Prosecutors,... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

A number of articles and commentaries which have caught my eye recently got me to thinking it would be a good time for a little round-up. So here goes: From Cato at Liberty, "Orwellian Justice: The Trial Penalty Under Fire"... Douglas A. Berman Death Penalty Reforms Prisons and prisoners Procedure and Proof at Sentencing Recommended reading

A kind reader made sure I did not miss a notable recent federal opinion authored by US District Judge Joseph Goodwin US v. Shields, No. 2:21-cr-00268 (SD WVa April 24, 2025) (available for download below). The 13-page opinion is a... Douglas A. Berman Booker and Fanfan Commentary Booker in the Circuits Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this new article authored by Josiah Rutledge now available via SSRN. Here is its abstract: In modern criminal prosecutions, the determination of guilt is often little more than a formality. It... Douglas A. Berman Procedure and Proof at Sentencing

I just saw a remarkable ruling handed down last week by a unanimous Eleventh Circuit panel in Henry v. Sheriff of Tuscaloosa, Alabama, No. 24-10139 (11th Cir. April 23, 2025) (available here). The full 111-page opinion gets started this way:... Douglas A. Berman Collateral consequences Criminal Sentences Alternatives Reentry and community supervision Sentences Reconsidered Sex Offender Sentencing

The title of this post is the title of this new article authored by Alessandro Corda and just published in the journal Criminal Law Forum. Here is its abstract: The legitimacy of state punishment has long been debated to justify... Douglas A. Berman Purposes of Punishment and Sentencing

As reported in this AP article, an "Alabama man who dropped his appeals and said he deserved to die for a 2010 rape and murder was executed Thursday evening, using his final words to apologize to the woman he killed."... Douglas A. Berman Death Penalty Reforms Procedure and Proof at Sentencing Who Sentences

As reported in this AP piece, "[d]isgraced former U.S. Rep. George Santos, who lied about his life story and defrauded donors, was sentenced Friday to over seven years in prison, sobbing as he heard his punishment." Here is more: Santos,... Douglas A. Berman Celebrity sentencings Federal Sentencing Guidelines Offender Characteristics White-collar sentencing Who Sentences

As reported in this AP article, "President Donald Trump has pardoned a Nevada Republican politician who was awaiting sentencing on federal charges that she used money meant for a statue honoring a slain police officer for personal costs, including plastic... Douglas A. Berman Clemency and Pardons Sentences Reconsidered White-collar sentencing Who Sentences

The title of this post is the title of this new article authored by Jonah Horwitz which is now available on SSRN (and is forthcoming in the Federal Sentencing Reporter). Here is its abstract: During his first term, President Trump... Douglas A. Berman Clemency and Pardons Criminal justice in the Biden Administration Criminal justice in the Trump Administration Death Penalty Reforms Sentences Reconsidered Who Sentences

I noted in this post back in October that a Sixth Circuit panel heard oral argument to consider its precedent limiting grounds for compassionate release in light of the US Sentencing Commission guideline amendment allowing some "changes in the law"... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

As reported in this local article, "Death row inmate Moises Mendoza was executed Wednesday for the murder of a former high school classmate in 2004, becoming the third man executed by Texas this year." Here is more: Mendoza, 41, was... Douglas A. Berman Death Penalty Reforms

A helpful colleague made sure I saw this new article published recently in the latest issue of the ABA magazine Litigation authored by former US District Judge Maek Bennett. Judge Bennett's opinions and articles on various federal sentencing topics have... Douglas A. Berman Federal Sentencing Guidelines Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences