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Sentencing

11,935 published works

  1. Simple Justice

    Race Should Not Be Made A Sentencing Factor

    By Scott Greenfield

    Hans Bader raises a bill that passed with overwhelming support in the California Assembly and is now under consideration in the Senate that would authorize judges to take the race…

  2. Simple Justice

    A Defense of Acquitted Conduct Sentencing

    By Scott Greenfield

    It’s valuable for a knowledgeable person to take the contrarian view* of something that almost everyone finds unconstitutional and anathema to foundational notions of legal propriety, so it’s good that…

  3. Sentencing Law and Policy

    A thoughtful defense of acquitted-conduct sentencing that ultimately betrays our constitutional design

    By Douglas Berman

    Over at his substack "Sidebars,: Randall Eliason his this lengthy new entry titled "The Case for Using 'Acquitted Conduct' at Sentencing."   I highly recommend anyone interested in constitutional or policy…

  4. Sentencing Law and Policy

    A notable discussion of federal capital decision-making for mass shootings (that makes no mention of differing state sentencing realities)

    By Douglas Berman

    The AP has this new lengthy discussion of DOJ decision making in two high-profile federal prosecutions of mass shooters that completely leaves out that one defendant will be facing state…

  5. Sentencing Law and Policy

    BJS releases big report on "Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013–2018"

    By Douglas Berman

    I am very excited that the Bureau of Justice Statistics has released this new special report providing details on federal drug sentences for drug offenses, though it is something of…

  6. Other

    BJS releases big report on “Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013–2018”

    By Douglas Berman

    I am very excited that the Bureau of Justice Statistics has released this new special report providing details on federal drug sentences for drug offenses, though it is something of…

  7. Sentencing Law and Policy

    Double issue of <em>Federal Sentencing Reporter</em> devoted to "Frankel at 50" now online

    By Douglas Berman

    Regular readers likely recall some of my posts from earlier this year discussing the event in New York City this past April titled "Frankel at 50: A Half-Century’s Perspective on Criminal Sentences:…

  8. Other

    Inartful dodgers: do our constitutional values suggest there is “no relevant difference … between acquitted conduct and uncharged conduct”?

    By Douglas Berman

    In prior posts in my "inartful dodgers" series (which are linked below), I have mostly bemoaned the cert denial statements in the McClinton case from Justices suggesting the Sentencing Commission should first…

  9. Sentencing Law and Policy

    Inartful dodgers: no constitutional <em>substance</em> in Justice Sotomayor's cert denial statement in acquitted conduct cases

    By Douglas Berman

    In prior posts in my "inartful dodgers" series (which are linked below), I have mostly bemoaned the cert denial statements authored or joined by four Justices that suggested they voted…

  10. Other

    Inartful dodgers: no constitutional <em>substance</em> in Justice Sotomayor’s cert denial statement in acquitted conduct cases

    By Douglas Berman

    In prior posts in my "inartful dodgers" series (which are linked below), I have mostly bemoaned the cert denial statements authored or joined by four Justices that suggested they voted…