The title of this post is the title of this new essay now available via SSRN authored by Jessica Eaglin. Here is its abstract:In response to the tenth anniversary of the Ferguson uprisings, this Essay examines how the protests reshaped
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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“Due Process or Penological Purpose: Re-evaluating Retributivism in Light of Procedural Reliability and Fairness”
The title of this post is tht title of this new paper authored by Lucas Brolin that I just came across via SSRN. Here is its abstract:Capital punishment presents an inherent tension between due process and retributive justice: When inflicting…
Eric Menedez denied parole due to “behavior in prison”
As reported in this CBS News piece, headlined “Lyle Menendez set for parole board hearing day after brother was denied,” California parole practices are getting significant attention thanks to a couple of high-profile hearings. Here are some details:After the…
Split en banc Florida appeals court finds no First Amendment violation in “sexual predator” label on state IDs
In this post from January 2025, I flagged a ruling by Florida’s Fifth District Court of Appeal holding that a state requirement for convicted sexual predators to have the words “SEXUAL PREDATOR” on their driver’s licenses violated their First Amendment…
Eleventh Circuit rules federal prohibition of gun possesion by medical marijuana users problematic under Second Amendment
An Eleventh Circuit panel issued a notable Second Amendment ruling yesterday in Florida Commissioner of Agriculture, et al. v. Attorney General of the United States, et al., No. 22-13893 (11th Cir. Aug. 20, 2025) (available here). Though the…
“Second Chances and the Second Amendment: A Smarter Way to Reboot 925(c)”
The title of this post is the title of this new paper available via SSRN authored by Ian Ayres and Fredrick Vars. Here is its abstract:In February of this year, we published a call for the government to relaunch the…
New US Attorney in DC taking tough approach to charging after federal police takeover
In this post last week, I asked “Will Prez Trump’s federal take-over of DC police lead to more federal charges and sentencings?”. This new New York Times article, headlined “Pirro Orders Office to Maximize Criminal Charges on Street…
New reporting on DOJ complaints about Prez Biden’s final mass clemencies
Based on newly public emails, there are two new articles about Justice Department official in January of this year complaing about one set of out-going Prez Biden’s mass clemency actions:From the New York Post, “Biden DOJ ripped White House…
Louisiana child rapist agrees in plea deal to being physically and chemically castrated in addition to 40 years in prison
A helpful reader sent me this notable local article from Louisiana about a sex offender plea deal with some notable terms. Here are the details:A Leesville man agreed to be physically and chemically castrated as part of a plea deal.Thomas…
Florida completes its tenth execution in 2025 for a murder committed over 42 years ago
As reported in this AP piece, a “man convicted of abducting a woman from a Florida Panhandle insurance office and killing her received a lethal injection Tuesday evening in the state’s record 10th execution this year.” Here is more:Kayle…