As reported in this CNN article, Prez Trump today was making a pitch for pursuit of the death penalty in response to ebery murder in Washington DC:President Donald Trump said that his administration will seek the death penalty in
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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Call for Papers for “Originalism and Criminal Justice Symposium”
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. Basic details about the event are available at…
Second Circuit finds authority to detain supervised releasee awaiting revocation hearing
A Second Circuit panel issued a notable opinion yesterday in United States v. Mercado, No. 25-206-cr (2d Cir. Aug. 26, 2025) (available here), regarding supervised release rules. Here is how the opinion starts:The government appeals from an amended…
“Clemency and Violent Crimes: The Wall Comes Tumbling Down”
The title of this post is the title of this short paper authored by Mark Osler now available via SSRN. Here is its abstract: The Trump and Biden administrations established new trends in the use of the pardon power. One…
Prison Policy Initiative releases new report “Youth Confinement: The Whole Pie 2025”
The Prison Policy Initiative, which has some of the best data visuals on incarceration level and other criminal justice metrics, today released this new report titled “Youth Confinement: The Whole Pie 2025.” Here are excerpts from the start of the…
As law classes start, eager for thoughts on “The Evolution of Experiential Legal Education”
Today I start another year of teaching at The Ohio State University MorItz College of Law, and I am very much looking forward to meeting a new cohort of 1Ls in my Criminal Law class this afternoon. Much has changed…
Disconcerting accounting of implementation of New Jersey’s limited compassionate release law
A set of US Supreme Court cases to be argued in November — which are already being discussing at the Sentencing Matters Substack in recent posts here and here — seems likely to bring more attention to so-called “compassionate release”…
Discussions of UK sentencing reforms include fewer jail terms and more community restrictions
As reported in this BBC piece, headlined “Pub and travel bans proposed under sentencing rule changes,” some notable reforms spurred by prison overcrowding are emerging across the pond. Here are the basics:People convicted of crimes in England and Wales…
Notable details seven months into Trump Administration’s capital punishment push
In his first day back in the Oval Office, through this January 20 executive order, Prez Trump called the death penalty the “only proper punishment for the vilest crimes” and asserted that his “Administration will not tolerate efforts to…
Like his brother, Lyle Menedez denied parole in first apperance before California board
As reported in this Fox News piece, “Lyle Menendez, one of the two brothers convicted in the 1989 shotgun slayings of their parents in Beverly Hills, was denied parole by a California review board on Friday in his first…