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Sentencing

11,929 published works

  1. Sentencing Law and Policy

    Some more highlighting of more notable recent <em>Inquest</em> essays

    By Douglas Berman

    It has been a couple of montjs since I highlighted essays from Inquest, "a decarceral brainstorm," and so here is coverage of just come of its newer pieces that sentencing…

  2. Criminal

    In sentencing memos, feds advocate for 7+ years in prison while George Santos’ team urges statutory minimum of 2 years

    By Douglas Berman

    In this post last August, I asked "what sentence for former US Rep George Santos after his plea to fraud and identity theft?". US District Judge Joanna Seybert is scheduled…

  3. Sentencing Law and Policy

    "Responding to the Culpable State: Is Sentence Mitigation Appropriate?"

    By Douglas Berman

    The title of this post is the title of this recently published book that was just brought to my attention by the publisher, who offered this audience a discount code:…

  4. Appellate and Supreme Court

    In lengthy statements, Justices Alito and Gorsuch take issue with (modern, originalist?) Confrontation Clause jurisprudence

    By Douglas Berman

    In the (decidedly non-originalist) opinion in Williams v. New York, 337 U.S. 241 (1949), the Supreme Court rejected arguments that a defendant had a right to confront witnesses whose testimony…

  5. Sentencing Law and Policy

    Highligthting some of many highlights from <em>Sentencing Matters Substack</em>

    By Douglas Berman

    It has been a little while since I highlighted here posts from the Sentencing Matters Substack, in part because some recent essays published there have gone beyond just sentencing topics. …

  6. Criminal

    Highligthting some of many highlights from <em>Sentencing Matters Substack</em>

    By Douglas Berman

    It has been a little while since I highlighted here posts from the Sentencing Matters Substack, in part because some recent essays published there have gone beyond just sentencing topics. …

  7. Sentencing Law and Policy

    US Sentencing Commission to start extended hearings more proposed drug and supervised release amendments

    By Douglas Berman

    As detailed on this page on its website, the US Sentencing Commission has a public hearing scheduled "for Wednesday, March 12 and Thursday, March 13, 2025 tentatively beginning at 9:00…

  8. Sentencing Law and Policy

    Seeking <em>Smack</em> down, new cert petition assails "minimal indicia of reliability" standard at sentencing

    By Douglas Berman

    In this post more than seven years ago, I flagged a decision by the Supreme Court of Delaware, Smack v. Delaware, No. 601 (Del. Oct. 11, 2017) (available here), in…

  9. Sentencing Law and Policy

    The Sentencing Project releases new report, “The Eugenic Origins of Three Strikes Laws: How ‘Habitual Offender’ Sentencing Laws Were Used as a Means of Sterilization"

    By Douglas Berman

    In this post late last week, I noted a new article by Daniel Loehr available via SSRN titled "The Eugenic History of Habitual Offender Laws."  Today I received an email…

  10. Federal Defenders of New York Blog

    Supreme Court takes Second Circuit case to decide if defendants can be constitutionally punished under both § 924(c) and § 924(j)

    By Sarah Baumgartel

    The Supreme Court has granted certiorari in Barrett v. United States, No. 24-5774, to decide if the Double Jeopardy Clause permits a court to impose separate sentences for an act…