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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.

“Guiding Presidential Clemency Decision-making”

By Douglas Berman

December 10, 2019

The title of this post is the title of this notable new paper authored by Paul Larkin now available via SSRN. Here is its abstract: The Article II Pardon Clause grants the president authority to grant clemency to any offender for any reason he deems justified. The clause contains only two limitations. The president cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. …

Sentencing Law and Policy

Two notable SCOTUS sentencing arguments to finish up 2019

By Douglas Berman

December 9, 2019

In this post last week I flagged the criminal cases on the Supreme Court’s argument schedule for this month. The next two days close with a sentencing bang with arguments scheduled for Tuesday in Holguin-Hernandez v. U.S., No. 18-7739 and for Wednesday in McKinney v. Arizona, No. 18-1109. The SCOTUSblog folks have great previews of these cases, and here are links and their starts: “Argument preview: What arguments are preserved, and how, in …

Sentencing Law and Policy

Lots worth reading at Law360 “Access to Justice” section

By Douglas Berman

December 9, 2019

I am not quite sure when I started subscribing to Law360’s “Access to Justice” section, but I am quite sure that a lot of recent content in the section should be of great interest to sentencing fans. Here are just some of the recent headlines and stories that caught my eye in no particular order: “‘Scot-Free’: What Happens When Prosecutors Behave Badly“ “Time To Rethink License Suspensions Without Due Notice“…

Sentencing Law and Policy

“The Problem of Problem-Solving Courts”

By Douglas Berman

December 9, 2019

The title of this post is the title of this notable new paper authored by Erin Collins now available via SSRN. Here is its abstract: The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they…

Sentencing Law and Policy

Third Circuit panel finds error where district court “improperly relied on [defendant’s] bare arrest record in determining his sentence”

By Douglas Berman

December 9, 2019

I just saw the Third Circuit panel ruling from late last week in US v. Mitchell, No. 17-1095 (3d Cir. Dec. 5, 2019) (available here), which makes a strong statement against the reliance on an arrest record at sentencing. Here is how the opinion starts and key passages thereafter: A jury found Tyrone Mitchell guilty of seventeen drug distribution and firearms offenses. Mitchell appeals his judgment of conviction and sentence of 1,020 months’…

Sentencing Law and Policy

Justice Sotomayor continues her practice of issuing statements on denials of certiorari in criminal cases

By Douglas Berman

December 9, 2019

The Supreme Court this morning issued this order list this morning. The Court denied certiorari in a long list of cases, but two of those denials prompted short statements respecting the denial of certiorari. Here are the cases with the concluding paragraphs from these short statements: Concerning the denial of cert in Schexnayder v. Vannoy, No. 18-8341, Justice Sotomayor stated, inter alia: Petitioner, who was pro se during various stages of the lower court…

Sentencing Law and Policy

“From Warfare to Welfare: Reconceptualizing Drug Sentencing During the Opioid Crisis”

By Douglas Berman

December 8, 2019

The title of this post is the title of this new article authored by Jelani Jefferson Exum now available via SSRN. Here is its abstract: The War on Drugs officially began in 1971 when President Nixon decried drug abuse as “public enemy number one.” The goal of the war rhetoric was clear — to cast drug abuse and the drug offender as dangerous adversaries of the law-abiding public, requiring military-like tactics to defeat. Criminal sentencing…

Sentencing Law and Policy

Following pardon board recs, Pennsylvania Gov Wolf commutes eight life sentences

By Douglas Berman

December 7, 2019

As reported in this local article, headlined “Wolf commutes eight, brings clemency total to 19, the third-highest among Pa. governors,” the Governor of Pennsylvania is making some notable use of his clemency powers. Here are the details: With the stroke of a pen on Thursday, Gov. Tom Wolf cut short sentences for eight people serving life in Pennsylvania prisons. Wolf signed off on eight commutations on Thursday, according to a statement by his office…

Marijuana Law, Policy & Reform

Rounding up some recent notable marijuana social science research

By Douglas Berman

December 7, 2019

Busy times over the last couple weeks has kept me from finding time to blog about a lot of notable recently-published marijuana research. Making up for the silence, here is a review of the pieces that recently caught my attention: "Using recreational cannabis to treat insomnia: Evidence from over-the-counter sleep……

Sentencing Law and Policy

SCOTUS denies Justice Department’s motion to stay or vacate preliminary injunction now blocking scheduled federal executions

By Douglas Berman

December 6, 2019

The Supreme Court on Friday night released this short order in response the the Department of Justice’s request to lift an injunction the precludes federal executions scheduled to start early next week: The application for stay or vacatur presented to THE CHIEF JUSTICE and by him referred to the Court is denied. We expect that the Court of Appeals will render its decision with appropriate dispatch.” Along with the order comes an interesting little “Statement…

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“Guiding Presidential Clemency Decision-making”

Two notable SCOTUS sentencing arguments to finish up 2019

Lots worth reading at Law360 “Access to Justice” section

“The Problem of Problem-Solving Courts”

Third Circuit panel finds error where district court “improperly relied on [defendant’s] bare arrest record in determining his sentence”

Justice Sotomayor continues her practice of issuing statements on denials of certiorari in criminal cases

“From Warfare to Welfare: Reconceptualizing Drug Sentencing During the Opioid Crisis”

Following pardon board recs, Pennsylvania Gov Wolf commutes eight life sentences

Rounding up some recent notable marijuana social science research

SCOTUS denies Justice Department’s motion to stay or vacate preliminary injunction now blocking scheduled federal executions

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