Last week, a divided Tenth Circuit panel handed down yet another a notable new Second Amendment opinion regarding the (un)constitutionality of federal law’s criminal prohibition of gun possession by anyone “who is an unlawful user of or addicted to any
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 5
What does AI think about the sentencing of Sam Bankman-Fried?
The quirky question in the title of this post is prompted by the latest essay by Jonathan Wroblewski over at the Sentencing Matters Substack. The essay, which should be read in full, is titled, “An AI Experiment — Part…
Making the case for another way to describe releases from prison based on earned credits
Adam Gelb, who heads the Council on Criminal Justice, has this intriguing new Newsweek commentary concerning the term “early release.” I recommend the piece in full, and here are excerpts (links from the original): “Early release” is used casually and…
“Bail and Time-Served Plea Offers”
The title of this post is the title of this new article authored by Michael Smith now available via SSRN. Here is its abstract:Defendants in criminal cases are routinely detained pending trial because they are deemed dangerous. In some of…
Flagging latest great episode from Season Three of “Drugs on the Docket” podcast
A couple of years ago, as noted in this post,the Drug Enforcement and Policy Center at The Ohio State University released all of Season One of a new podcast, “Drugs on the Docket.” All six full episodes…
Florida completes its eleventh execution in 2025 of murderer of three people 33 years ago
As reported in this AP article, a “man convicted of killing his girlfriend, her mother and a man he claimed owed him $2,000 was put to death Thursday in a record 11th execution this year by the state of…
“Calling Balls and Three Strikes”
The title of this post is the title of this new article now available via SSRN and authored by Tobie Smith. Here is its abstract:The Supreme Court has revitalized the jury’s role in criminal sentencing over the past quarter century,…
Feds quick to appeal “time served” sentence for foreign nationals involved in massive fraud with 30-year-to-life guideline range
This press piece, headlined “US Prosecutors Challenge ‘Unusually Lenient’ Sentence in HashFlare Mining Fraud,” reports that federal prosecutors were quick to appeal this notable federal sentencing decision in a cryptocurrency fraud handed down this week. Here is a bit…
Sentencing Project releases updated report on “The Second Look Movement”
I was pleased to learn via an email that The Sentencing Project has updated its report from last year (noted here) on second look sentencing developments. This new 44-page report is titled “The Second Look Movement: An Assessment…
Is it too early to speculate about what could be in a new “Comprehensive Crime Bill”?
The question in the title of this post is prompted by Prez Trump’s latest social media posting, which asserts that “Speaker Mike Johnson, and Leader John Thune, are working with me, and other Republicans, on a Comprehensive Crime Bill.” …