As I first mentioned a few weeks ago, I am very excited to be part of a planning team for a big event, “Originalism and Criminal Justice Symposium,” to take place at The Ohio State University on September 8-9, 2026.
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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“Proof Beyond a Reasonable Doubt Doesn’t Exist: Except as an Emergent Property of a Complex Adaptive System”
The title of this post is the title of this article authored by Ronald Allen and Nicolas Elliott-Smith that i just came across on SSRN. Here is its abstract:The pursuit of knowledge is undergoing a transformation. Scientists and scholars are…
“How to Cut the Prison Population, Save Money and Make Us Safer”
The title of this post is the headline of this New York Times opinion piece authored by German Lopez. Here is how it starts and ends:American prisons are fast becoming the world’s worst nursing homes, increasingly filled with aging criminals…
Still more “Quick Facts” reports from US Sentencing Commission
I have failed to flag here that the US Sentencing Commission has released recently a bunch more of its terrific “Quick Facts” publications. As regular readers know, I find so very interesting all the these short data documents, which…
A full accounting of “The Supreme Court’s upcoming criminal cases”
In this post a few weeks ago, titled “Starting to gear up for lots of criminal law and sentencing cases during SCOTUS OT’25,” I highlighted that the Supreme Court is already scheduled to hear many criminal law cases, including many…
“In Their Own Words: Prosecutors On The Politics Of Backlash”
The title of this post is the title of this new paper authored by Joshua Davis and Whitney Taylor now available via SSRN. Here is its abstract:This article examines the rise and politicization of prosecutorial reforms in the United States. …
Rounding up a mix of press pieces on a mix of criminal justice matters as summer winds down
I do not know why this platform was down yesterday, but I do know I have seen a wide array of intriguing pieces about matters of crime and punishment in recent days. So, making up for lost blogging time, here…
Louisiana prosecutors looking to get death sentence for juvenile murderer reimposed (and to get Roper ultimately reversed)
As reported in this local article, headlined “State chipping away at SCOTUS ruling that outlawed death sentences for juvenile offenders,” Louisiana’s Attorney General is taking steps to seek reconsideration of the Supreme Court’s jurisprudence precluding the death penalty for…
Another disappointing story about disappointing implementation of a state compassionate release program
A few weeks ago, via this post, I flagged an effective press piece that detailed some ugly aspects of how New Jersey has been implementing a new state compassionate release law. Today I just saw this similar press piece…
“Fentanyl and Crack: Divergent Entanglements of Rule and Story”
The title of this post is the title of this new paper authored by Mark William Osler now avaialble via SSRN. Here is its abstract:The crack epidemic of the 20th century and the fentanyl epidemic of the 21st century both…