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Law Professor Blogs, LLC is the nation's only network of legal blogs edited primarily by law professors. Law Professor Blogs, LLC’s legal blogs are edited by over 100 law professors, deans, and lawyers. Editors include leading scholars and educators who are committed to providing the web source of legal news, information, commentary, and analysis for law professors, practitioners, government and nonprofit lawyers, and students in their respective fields. Most of the network’s blogs are owned by Law Professor Blogs, LLC. Several blogs are affiliates of the network.

“The Trouble with Reentry: Five Takeaways from Working with People Returning to Chicago from Prison”

By Douglas Berman on October 18, 2019

The title of this post is the title of this notable new report from the John Howard Association. Here is part of its executive summary: nbsp; With political backing and public will, a new reentry system can and should be built. A foundation is currently being laid through public-private partnerships that recognize the importance of meeting the basic needs of people leaving the justice system and going back to their communities. But for such…

Sentencing Law and Policy

All the testimony from House subcommittee hearing on FIRST STEP Act

By Douglas Berman on October 17, 2019

As noted in this prior post, the US House of Representative’s Subcommittee on Crime, Terrorism, and Homeland Security (of the Committee on the Judiciary) this afternoon held an Oversight Hearing on the “Federal Bureau of Prisons and Implementation of the First Step Act.” Now on this House webpage are links to all the witness written testimony. I have not yet had time to review any of this while on the road, but I welcome…

Sentencing Law and Policy

Bold goal for the REFORM Alliance: “get 1 million people out of the criminal justice system in five years”

By Douglas Berman on October 17, 2019

In this post earlier this year, I blogged about the celebrities and business leaders coming together to form the REFORM Alliance, which is committed to “dramatically reduce the number of people who are unjustly under the control of the criminal justice system – starting with probation and parole.” I have long had great respect for the commitment and vision of this group, but I was especially exciting to see this press article discussion…

Sentencing Law and Policy

Large group of US Senators re-introduce bill to create National Criminal Justice Commission

By Douglas Berman on October 17, 2019

As detailed in this press release from the office of U.S. Senator Gary Peters, a sizable group of Senators have reintroduced a criminal justice reform bill that I have long viewed as worthwhile. Here are excerpts from the release: U.S. Senators Gary Peters (D-MI), Lindsey Graham (R-SC) and John Cornyn (R-TX) [Wenesday] announced the reintroduction of the National Criminal Justice Commission Act, bipartisan legislation that would task a National Criminal Justice Commission to assess the…

Sentencing Law and Policy

“Work, Pay, or Go to Jail: Court-Ordered Community Service in Los Angeles”

By Douglas Berman on October 17, 2019

The title of this post is the title of this notable new report coming from folks at UCLA. This webpage provides this overview of the report’s coverage: Work, Pay, or Go to Jail: Court-Ordered Community Service in Los Angeles is the first study to analyze a large-scale system of court-ordered community service in the contemporary United States. It finds that court-ordered community service functions as a system of unregulated and coercive labor, which worsens the…

Sentencing Law and Policy

Usual suspects playing usual roles in <em>Malvo</em> argument over juve LWOP sentencing

By Douglas Berman on October 16, 2019

In recent SCOTUS history, Eighth Amendment cases in the Supreme Court tended to be pretty predictable with certain Justices as regular votes for defendants, others as regular votes for the state, and Justice Kennedy (and sometimes the Chief Justice) being the key swing voter. But Justice Kennedy is now gone, and it appear from this SCOTUS review of the oral argument in Mathena v. Malvo that Justice Kennedy’s replacement, Justice Kavanaugh, may be slipping into…

Sentencing Law and Policy

House Judiciary subcommittee to hold oversight hearing on “Federal Bureau of Prisons and Implementation of the First Step Act”

By Douglas Berman on October 16, 2019

As detailed at this link, the US House of Representative’s Subcommittee on Crime, Terrorism, and Homeland Security (of the Committee on the Judiciary) has scheduled for the afternoon of Thursday October 17 an “Oversight Hearing on the Federal Bureau of Prisons and Implementation of the First Step Act.” The witness list is available at this link. I am cautiously hopeful that this hearing will result in some significant new data and other information about…

Sentencing Law and Policy

Another LWOP federal drug sentence reduced under § 3582(c)(1)(A) after FIRST STEP Act

By Douglas Berman on October 16, 2019

Regular readers may already be tired of many prior posts in which I have made much of a key provision of the FIRST STEP Act that now allows federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons. But I continue to see value in highlighting developing jurisprudence under this provision largely because I think, if applied appropriately…

Sentencing Law and Policy

Rounding up some previews of SCOTUS consideration of DC sniper Lee Malvo’s juve LWOP sentence

By Douglas Berman on October 15, 2019

Tomorrow afternoon, the US Supreme Court will hear oral argument in Mathena v. Malvo, a case that calls upon the Justice to continue struggling with the application of the Eighth Amendment limits on LWOP sentences that was set out in Miller v. Alabama and given retroactive effect in Montgomery v. Louisiana. This SCOTUSblog page has links to all the briefing in this case and sets out this question presented as framed by the state…

Sentencing Law and Policy

“Will the Supreme Court Rein in ‘Excessive Fines’ and Forfeitures?: Don’t Rely on <em>Timbs v. Indiana</em>”

By Douglas Berman on October 15, 2019

The title of this post is the title of this new paper authored by Nora Demleitner now available via SSRN. Here is its abstract: The Supreme Court’s decision in Timbs v. Indiana, 139 S. Ct. 682 (2019), last term buoyed the hopes of those who saw it as a powerful signal to states and municipalities to rein in excessive fines, fees, and forfeitures. Yet, the Court seems disinclined to fill the term “proportionality” with robust…

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“The Trouble with Reentry: Five Takeaways from Working with People Returning to Chicago from Prison”

All the testimony from House subcommittee hearing on FIRST STEP Act

Bold goal for the REFORM Alliance: “get 1 million people out of the criminal justice system in five years”

Large group of US Senators re-introduce bill to create National Criminal Justice Commission

“Work, Pay, or Go to Jail: Court-Ordered Community Service in Los Angeles”

Usual suspects playing usual roles in <em>Malvo</em> argument over juve LWOP sentencing

House Judiciary subcommittee to hold oversight hearing on “Federal Bureau of Prisons and Implementation of the First Step Act”

Another LWOP federal drug sentence reduced under § 3582(c)(1)(A) after FIRST STEP Act

Rounding up some previews of SCOTUS consideration of DC sniper Lee Malvo’s juve LWOP sentence

“Will the Supreme Court Rein in ‘Excessive Fines’ and Forfeitures?: Don’t Rely on <em>Timbs v. Indiana</em>”

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