While on the road earlier this week, I missed this new story of the Trump Administration declining to pursue the death penalty in some high-profile cases. The story highlights some of the enduring challenges and considerations that often surround efforts
Douglas A. Berman
Sentencing Law and Policy is a legal blog authored by Douglas A. Berman, focusing on issues related to criminal sentencing, death penalty cases, prosecutorial discretion, and constitutional law. The blog provides analysis and commentary on recent developments in sentencing law, including Supreme Court decisions, state-level death penalty cases, and broader topics such as plea bargaining and mass incarceration. It serves as a resource for legal scholars, practitioners, and those interested in the intersection of criminal justice policy and constitutional rights. The content often addresses complex legal theories and practical implications of sentencing practices in the United States.
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US Sentencing Commission adopt priorities for the 2025-26 guideline amendment cycle
As reported in this press release, earlier today “the U.S. Sentencing Commission has unanimously voted to adopt priorities for the 2025-2026 guideline amendment cycle.” Here is more:In reflection of the comments and ideas it has received, the Commission voted…
FBI reports decrease in every crime category in 2024, including near 15% decrease in homicides
Regular readers know, based on many prior posts here, that police departments in cities nationwide were reporting crime declines throughout 2024 (and are continuing to do so into 2025). Yesterday, the FBI released its final report on 2024 crime, and…
Tennessee completes its second execution in 2025
As reported in this AP article, a “man convicted of killing his girlfriend and her two young daughters in the 1980s said he was “hurting so bad” while he was given a lethal injection Tuesday in Tennessee, where authorities…
Rounding up some prison news and commentary with (too much?) extra “celebrity” headlines
I am still on the road for a few more days, so blogging will continue to be relatively light this week. But as I watch my news feed, lots of prison-related headlines are catching my eye. And though I try…
“The Most Important Sentencing Conference You May Have Never Heard Of”
The title of this post is the title of this new essay from the Sentencing Matters Substack authored by Steve Chanenson. Because I am myself guilty of not giving enough attention to state sentencing systems and state sentencing commissions, I…
An eclectic round up as summer starts to wind down
I am on my last road trip for the summer, so blogging may be light this week as I am savoring a late bit of a summer as it is starting to wind down. But I have a moment to…
“AI thinks you should go to jail, even if you didn’t do the crime”
The title of this post is the title of this notable new report from the Justice Innovation Lab authored by Rory Pulvino, Dan Sutton, and JJ Naddeo. Here are parts of the report’s “Introduction”:[W]e tested ChatGPT (model 3.5-Turbo) on a…
Florida completes record-setting ninth execution in 2025
As reported in this AP article, a “man convicted of the 1994 killings of his wife and their two children became the ninth person put to death in Florida this year, his death Thursday marking a state record for…
“Institutional Structures of Penal Inequality”
The title of this post is the title of this new paper authored by Alexandra Natapoff and now available via SSRN. Here is its abstract:The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities use…