I am pleased to see the launch of a new column at SCOTUSblog, being called “ScotusCrim” and being authored by Rory Little to focus “on intersections between the Supreme Court and criminal law.” The initial installment is titled “The
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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The Sentencing Project releases new report on “Voting From Prison: Lessons From Maine and Vermont”
The folks at The Sentencing Project released this new 36-page report about two states’ experiences with in-prison voting. Here are excerpts from the report’s executive symmary:Only two U.S. states – Maine and Vermont – do not disrupt the voting rights…
“Aligning Algorithmic Risk Assessments with Criminal Justice Values”
The title of this post is the title of this new paper just posted to SSRN and authored by Dennis D. Hirsch, Jared Ott, Angie Westover-Munoz and Chris Yaluma. Here is its abstract:Federal and state criminal justice systems use algorithmic…
Again flagging some of many notable recent Inquest essays
I have lately been making it a quarterly habit of highlighted essays from Inquest, “a decarceral brainstorm,” and so here is the latest installment of just some recent pieces on an array of topics that sentencing fans may want…
Noting just some of the challenges in the upcoming sentencing of Sean “Diddy” Combs
I gave a talk some years ago, which later became this essay, that discussed why “sentencing is dang hard.” That work came to mind as I started thinking about what Judge Arun Subramanian will be facing as he prepares…
Notable new data on death sentences over first half of 2025
In recent posts about recent exections, I have noted that the US as a whole is on pace for more executions in 2025 than in any year in more than a decade. Against that backdrop, I was interested to see…
Fresh thinking about the US Sentencing Commission and its proposed priorities
As noted in this prior post, the US Sentencing Commission released in early June this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026. The USSC requested receiving formal public comment…
“Michael Tonry and Sentencing Proportionality”
The title of this post is the title of this article authored by Richard Frase in the June 2025 issue of the Criminal Law Forum. (As noted in this prior post, this journal issue is devoted to celebrating the…
Reviewing “chaos” in federal prisons resulting from Trump Administration policies
This lengthy new Slate commentary laments an array of policy and practical developments in federal prisons to argue that “[s]ince his first day in office, the Trump administration has thrown the lives of incarcerated people into chaos — especially the…
Encouraging criminal justice trends for “Life, Liberty and the pursuit of Happiness” in 2025
We are still a year away from a very big anniversary of the signing of the Declaration of Independence, but criminal justice fans can finb a lot to celebrate today on July 4, 2025. As I have been highlighting…