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Sentencing

11,938 published works

  1. Sentencing Law and Policy

    DOJ testimony to Sentencing Commission on acquitted conduct sentencing generates notable responses

    By Douglas Berman

    A few weeks ago, the Justice Department testified to the US Sentencing Commission that is was generally against efforts to amend the guidelines to significantly curtail the consideration of acquitted…

  2. Sentencing Law and Policy

    US Sentencing Commission soon to begin second set of public hearings on proposed guideline amendments

    By Douglas Berman

    As first flagged in this post a couple of weeks ago, for sentencing fans looking for binge-worthy viewing and reading, the U.S. Sentencing Commission is still in the midst of…

  3. On Point

    Prosecutor who claimed to be “ethically bound” to recommend probation despite “changed landscape” did not breach plea agreement

    By Wisconsin State Public Defender

    State v. Jeremy Joseph Hamilton, 2022AP1350-CR, District 2, 03/01/2023, (one-judge decision, ineligible for publication) case activity Some readers of this decision might find themselves wondering why there’s no equivalent to…

  4. Sentencing Law and Policy

    "To Hemp in a Hand-basket: The Meaning of 'Controlled Substance' Under the Career Offender Enhancement"

    By Douglas Berman

    The title of this post is the title of this new paper authored by Jacob Friedman now available via SSRN.  Here is its abstract: Sentencing enhancements can drastically impact prison…

  5. Criminal

    SCOTUS grants certiorari to review reach of FIRST STEP Act’s expansion of statutory safety valve

    By Douglas Berman

    As predicted in this post a couple days ago, sentencing fans now get to turn their attention to the Supreme Court for the next chapter of a fascinating FIRST STEP…

  6. Other

    A glass-half-empty look at federal compassionate release data since FIRST STEP Act

    By Douglas Berman

    Extrapolating based on the latest data from the US Sentencing Commission, since passage of the FIRST STEP Act in December 2018, nearly 5000 persons have secured a reduced term of…

  7. Sentencing Law and Policy

    "Vigilantism and 'Public Confidence': The Pertinence of Public Opinion to Sentencing"

    By Douglas Berman

    The title of this post is the title of this new essay authored by Michael Tonry now available via SSRN. Here is its abstract: Public confidence in courts, judges, and…

  8. Other

    “Vigilantism and ‘Public Confidence’: The Pertinence of Public Opinion to Sentencing”

    By Douglas Berman

    The title of this post is the title of this new essay authored by Michael Tonry now available via SSRN. Here is its abstract:Public confidence in courts, judges, and sentencing,…

  9. Canadian Lawyer Mag

    Modern sentencing trends apply in historical sexual assault: BC Court of Appeal

    By Canadian Lawyer Mag

    Assault happened in the 1970s, revealed 40 years later

  10. Sentencing Law and Policy

    Some notable SCOTUS sentencing stories from the relist watch

    By Douglas Berman

    After an extended hiatus, the Supreme Court gets back in action next week.  In turn, John Elwood is back to keeping up with the cert pool through his terrific SCOTUSblog…