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Mandatory Sentencing

19 published works

  1. Sentencing Law and Policy

    Michigan Supreme Court declares mandatory LWOP for those under 21 violates its state constitution

    By Douglas Berman

    Late last week, a split Michigan Supreme Court ruled in People v. Taylor, No. 166428 (Mich. April 10, 2025) (available here), that "the application of a mandatory sentence of LWOP…

  2. Appellate and Supreme Court

    Supreme Court grants cert on Double Jeopardy claim involving federal mandatory gun sentences

    By Douglas Berman

    The US Supreme Court this morning in this new order list granted certiorari in one case, and it is a criminal/sentencing matter.  The petitioner via this cert petition in Barrett…

  3. EvidenceProf Blog

    Court of Appeals of Texas Finds Mandatory Life Without Parole Sentences For Intellectually Disabled Defendants Convicted of Capital Murder is Cruel & Unusual Punishment

    By Colin Miller

    In Roper v. Simmons, the Supreme Court held that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. Subsequently in Miller v. Alabama, the Supreme Court held…

  4. Sentencing Law and Policy

    Notable pipeline provisions in FIRST STEP Act in the wake of litigation history surrounding FSA of 2010

    By Douglas Berman

    Long-time readers surely recall the legal uncertainty that followed the last congressional reduction of severe mandatory sentencing provisions in the Fair Sentencing Act of 2010 with respect to "pipeline" cases,…

  5. Civil Rights Law & Policy Blog

    Opposition stymies gun legislation that would establish mandatory minimums for illegal gun possession

    By Andrew M. Ironside

    The Illinois House Judiciary Committee has axed a controversial measure from H.B. 2265 that would have established mandatory minimum sentences for illegal gun possession. According to The Chicago Tribune, "Supporters…

  6. Sentencing Law and Policy

    More proof mandatory sentencing laws are never really mandatory and can enhance disparities

    By Douglas Berman

    Main January 22, 2013More proof mandatory sentencing laws are never really mandatory and can enhance disparitiesOne typical argument for mandatory sentencing provisions, whether in the form of statutory minimums or…

  7. Sentencing Law and Policy

    Judge down under laments mandatory 20 years (with parole) for brutal contract killer

    By Douglas Berman

    Main July 4, 2012Judge down under laments mandatory 20 years (with parole) for brutal contract killerThe debates on this blog over the Supreme Court's recent work in Miller finding unconstitutional…

  8. Nashville Criminal Law Report

    Mandatory Sentences Give Prosecutors The Hammer

    By Rob McKinney

    Richard A. Oppel Jr. of the New York Times  just published a article  entitled " Sentencing Shift Gives New Leverage to Prosecutors". From my perspective handling criminal cases in Tennessee…

  9. Sentencing Law and Policy

    Shotgun killing by juvenile in PA raising lots of legal and other challenges

    By Douglas Berman

    Main February 23, 2009Shotgun killing by juvenile in PA raising lots of legal and other challenges The latest shocking killing by a very young juvenile offender, this one in Pennsylvania,…

  10. Sentencing Law and Policy

    NY Timeseditorial against mandatories

    By Douglas Berman

    Main December 20, 2007NY Times editorial against mandatoriesThis morning's New York Times has this strong editorial, entitled "An Idea Whose Time Should Be Past," which calls for the elimination of…