The title of this post is the title of this notable new report authored by Elizabeth Berger with the Criminal Justice Legal Foundation (which is also discussed at length in this Crime & Consequences post). Here is an excerpt
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 16
Supreme Court grants cert on notable new case to address § 1983/habeas uncertainty
The US Supreme Court issued this short order this morning adding a few notable cases to its docket for argument next Term. The one case in which cert was granted that ought to be of particular interest to criminal justice…
“Proving the Future in Criminal Cases”
The title of this post is the title of this new essay now available via SSRN authored by Christopher Slobogin. Here is its abstract:Expert opinion about dangerousness — the risk of reoffending — is commonly introduced at sentencing, criminal commitment…
You be the federal judge: what sentence for Sean “Diddy” Combs for two felony prostitution convictions?
I was enjoying the great outdoors this morning when I heard the news of the (surprising?) split verdict in the high-profile federal trial of Sean ‘Diddy’ Combs. This Reuters article provides the basics:Sean “Diddy” Combs was cleared on Wednesday of…
CCJ releases new crime report, “Trends in Gun Theft: Leveraging Data to Inform Crime Policy”
The Council on Criminal Justice (CCJ) continues its important and timely work on modern crime realities with the release ofthis new report, titled “”Trends in Gun Theft: Leveraging Data to Inform Crime Policy.” Here is some text from the start…
Latest issue of Crimnal Law Forum: “Celebrating the Career of Michael Tonry”
I am pleased to see that the June 2025 issue of the Criminal Law Forum, which servs as the “Official Journal of the Society for the Reform of Criminal Law,” is devoted to celebrating the work of sentencing guru…
New article reports on interview with BOP Director William Marshall
In this new Forbes article, headlined “Bureau Of Prisons Director William Marshall Addresses Challenges,” Walter Pavlo reports on his interview with BOP’s new leader. I recommend the full piece, and here are some excerpts:Newly appointed Bureau of Prisons (BOP)…
Prosecutors cut plea deal in Idaho college student mass murder (seemingly against wishes of victims’ families)
As reported in this New York Times report, “Bryan Kohberger, the man charged in the brutal stabbing deaths of four University of Idaho students, has reached a plea deal to avoid the death penalty, according to a letter that…
Some early takes on the Supreme Court’s supervised release work in Esteras
In this recent post reviewing the Supreme Court Term just completed, I suggested that Esteras v. United States, which addresses federal supervised release decision-making, could have significant practical impact over an important component of the federal criminal justice system. …
Detailed review of “How States Are Rethinking Life Without Parole For Youth”
The quoted portion of the title of this post is the headline of this effective Law360 piece reviewing an array of recent state law developments regarding LWOP punishments for younger offenders. I recommend the lengthy piece in full, and here…