The Surpeme Court released this lengthy order list this morning, and there are a number of items throughout the 32-page list that will be of interest to criminal law fans. For starters, we get a few GVRs based on 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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Quick recap of US Supreme Court’s major criminal justice opinions for OT 2024
This official webpage with links to the US Supreme Court’s merits opinion for its October Term 2024 lists 66 opinions, though less than 60 are what I would categorize as full opinions. Based on my too-quick review and accounting of…
US Sentencing Commission releases FY 2025 second quarter federal sentencing data
While I was distracted by all the Supreme Court end-of-Term action, last week the US Sentencing Commission released its latest federal sentencing quarterly data report which is titled “2nd Quarter Release, Preliminary Fiscal Year 2025 Data Through March 31, 2025.” …
“Expanding Criminal Legal Systems Through Traffic Enforcement: A Lost History”
The title of this post is the title of this new paper now available via SSRN authored by Jordan Blair Woods. Here is its abstract:Many cities, villages, and towns rely on fines, fees, and other monetary sanctions from traffic and…
Is Apprendi still “watershed” at 25? Brief reflections on a quarter-centery of SCOTUS follow-up
The Supreme Court mostly wrapped up its docket for October Term 2024 this morning with a whole bunch of 6-3 rulings in civil cases sure to garner lots of attention. (I say “mostly” because there is likely to be a…
“Justice Ginsburg’s Criminal Justice Legacy: Fair Tribunals, Fair Punishment”
The title of this post is the title of this article now available via SSRN and authored by Guerra Thompson Sandra and Samantha Medlin. Here is its abstract:Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy in…
Where are concerns for liberty and lenity and broader constitutional values in Hewitt?
Because I believe the Supreme Court reached the right result in Hewitt this morning when interpreting the reach of a sentencing provision in the First Step Act (basics here), I suppose I should be content. But upon first…
By 6-3 vote, Supreme Court in Gutierrez that death row defendant has standing to challenge Texas’s DNA testing procedures
The Supreme Court this morning handed down a standing ruling in a capital case via Guitierrez v. Saenz, No. 23-7809 (S. Ct. June 26, 2025) (available here). The vote was 6-3, and here are the particulars of the…
By 5-4 vote, Supreme Court in Hewitt allow district court to apply more lenient law at FSA resentencings
The Supreme Court this morning handed down its final big sentencing opinion of the Term with Hewitt v. United States, No. 23-1002 (S. Ct. June 26, 2025) (available here). The vote was 5-4, and here are the particulars…
Mississippi completes execution for murder committed nearly 50 years ago
As reported in this AP piece, the “longest-serving man on Mississippi’s death row was executed Wednesday, nearly five decades after he kidnapped and killed a bank loan officer’s wife in a violent ransom scheme.” Here is more:Richard Gerald Jordan,…