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Sentencing

11,938 published works

  1. Sentencing Law and Policy

    Rounding up a lot of interesting new news and commentary

    By Douglas Berman

    Many days it often seems like there is just too much notable news coverage and good commentary on sentencing matters for me to keep up.  Today was one of those…

  2. Criminal

    Rounding up a lot of interesting new news and commentary

    By Douglas Berman

    Many days it often seems like there is just too much notable news coverage and good commentary on sentencing matters for me to keep up.  Today was one of those…

  3. On Point

    Challenges to sentences procedurally barred

    By Wisconsin State Public Defender

    State v. War Nakula-Reginald Marion, 2019AP2206-CR & 2019AP2207-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); case activity (including briefs) Marion was given maximum consecutive sentences on multiple misdemeanor convictions,…

  4. Sentencing Law and Policy

    Split Mississippi appellate court upholds, against Eighth Amendment challenge, an LWOP habitual-offender sentence for marijuana possession

    By Douglas Berman

    As report in this AP piece, the "Mississippi Court of Appeals on Tuesday upheld a life sentence for a man convicted of a marijuana possession charge because he had previous…

  5. Criminal

    Fascinating compassionate release ruling based on clear sentencing error without other means of remedy

    By Douglas Berman

    Regular readers are likely familiar with many of my (pre-COVID) prior posts making much of the provision of the FIRST STEP Act allowing federal courts to directly reduce sentences under…

  6. EvidenceProf Blog

    Judge Finds 4 Aggravating Factors in Derek Chauvin’s Murder of George Floyd

    By Colin Miller

    Today, Judge Peter Cahill found four aggravating factors beyond a reasonable doubt in connection with Derek Chauvin's conviction for second degree murder based on the death of George Floyd. Those…

  7. Sentencing Law and Policy

    State judge finds four aggravating factors could support upward departure at Derek Chauvin's upcoming sentencing

    By Douglas Berman

    As reported in this new AP piece, a "Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for the possibility of…

  8. Sentencing Law and Policy

    The Sentencing Project releases new report urging "A Second Look at Injustice"

    By Douglas Berman

    Long-time readers know that I have long been a supporter of laws and practices that facilitate taking a second look at long sentences (see links below).  I continue to be…

  9. EvidenceProf Blog

    Supreme Court of California Finds Prosecutor’s Use of Bloody, Vomit-Stained Mannequin Proper in Sentencing Phase of Murder Trial

    By Colin Miller

    Assume that a defendant is convicted of the first degree murder based upon fatally shooting a deputy sheriff. Would it be prosecutorial misconduct for the prosecutor during the sentencing phase…

  10. Criminal

    Fourth Circuit to review <em>en banc</em> recent panel ruling that lengthy (within-guideline) drug sentence was unreasonable

    By Douglas Berman

    I noted in this post a few months ago the fascinating split Fourth Circuit panel ruling in US v. Freeman, No. 19-4104 (4th Cir. Mar. 30, 2021) (available here), which…