Via this inauguration executive order, Prez Trump called the death penalty the “only proper punishment for the vilest crimes” and asserted that his “Administration will not tolerate efforts to stymie and eviscerate the laws that authorize capital punishment against
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.
Latest from Douglas A. Berman - Page 13
Officer convicted of violating Breonna Taylor’s civil rights sentenced to 33 months in federal prison
As reported in this Reuters piece, “former Louisville police officer Brett Hankison was sentenced on Monday to 33 months in prison for violating Breonna Taylor’s rights during the raid in which she was shot and killed.” The US Justice…
A nuanced discussion of various aspects of Prez Biden’s late-term clemency actions
A few days ago, Slate ran this new commentary from Frank Bowman discussing the latest reporting on Prez Biden’s clemency actions on his way out of the Oval Office. I recommend the piece in full, and here is how it…
“Delinquency among children of incarcerated parents: The role of pre-incarceration parental attachment”
The title of this post is the title of this new article published in the Journal of Criminal Justice and authored by Noy Assaraf and Roni Factor. Here is its abstract:ObjectivesWhile many studies have examined the impact of parental incarceration…
Does new Third Circuit opinion suggest regular drug users are more likely to have Second Amendment rights than ocassional drug users?
While I was on the road, a Third Circuit panel handed down a notable new Second Amendment opinion in US v Harris, No. 21-3031 (3d Cir. July 14, 2025) (available here). The Harris ruling concerns the (un)constitutionality of…
“How transdermal microchips could revolutionize prison security”
The title of this post is the headline of this intersting research published at Corrections 1 that is described as a “futures study of a particular emerging issue of relevance to law enforcement.” The article begins with this account of…
Extended review of the Supreme Court’s criminal justice work in the Term just completed
Law360 has this lengthy new article providing a detail examination of the Supreme Court’s rulings in an array of criminal cases during its October 2024 Term. The article’s headline, “High Court Term Yields Gains For Criminal Defendants,” reveals its essential…
Feds seek “significant downward departure and Booker variance” in sentencing officer involved in Breonna Taylor case
As reported in this CNN piece, the “Justice Department is asking that a former police officer found guilty of violating the civil rights of Breonna Taylor in 2020 — when she was shot and killed by police in her…
BOP Director launches First Step Act Task Force
This press release from the Buraeu of Prisons earlier this week reports on a notable development inside the BOP. The heading of the press release provides the basics: “Director Marshall Launches FSA Task Force: New Initiative to Tackle Delays, Equip…
Florida completes its eighth execution in 2025 of a murderer of many persons many decades ago
As reported in this AP article, on Tuesday of this week, a “man convicted of fatally shooting two people outside a Florida bar in 1993 as part of an attempted revenge killing was executed Tuesday evening, the 26th person…