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Sentencing and Law Policy

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Douglas Berman

A member of the Law Professor's Law network, Douglas A. Berman discusses all things sentencing.

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Latest Posts:

More notable talk by Prez Trump about possible use of his pardon authority
As noted in this post from a few weeks ago, Prez Trump earlier this summer got more than a few media members and academic talking about the historic presidential clemency authority when he reportedly starting asking about his whether he......
Sentencing and Law Policy
Monday, August 14, 2017

Imaginging how the internet "could put an end to prisons as we know them"
Gosh knows the modern digital revolution and the internet has brought the demise of a number of brick-and-mortar institutions ranging from music stores to travel agencies. But this new article from Australia makes the case that the internet could bri...
Sentencing and Law Policy
Monday, August 14, 2017

Notable application of DOJ spending restriction to halt federal sentencing of convicted marijuana offenders
This new Los Angeles Times article, provocatively headlined "The feds seized guns, gold and 320 pot plants. So why did a judge rule they can't pursue marijuana charges?," reports on a notable federal District Judge ruling from last week. Here......
Sentencing and Law Policy
Monday, August 14, 2017

Making a case against sex offender registries
Newsweek has posted this new opinion piece authored by Professor Trevor Hoppe under the headlined "Are Sex Offender Registries Too Strict?." As evidenced by these excerpts, it seems the author believes the answer to this question is yes: In my......
Sentencing and Law Policy
Sunday, August 13, 2017

"Trump Wants to Get Tough on Crime. Victims Don't Agree."
The title of this post is the headline of this intriguing New York Times piece about the results of this interesting recent survey of "crime survivors." Here are excerpts: Sending more people to prison, deporting illegal immigrants, cracking down on....
Sentencing and Law Policy
Saturday, August 12, 2017

Interesting and consequential Florida Supreme Court decision on retroactivity of Hurst
As this Death Penalty Information Center posting details, the Florida Supreme Court this past week reiterated that it would not apply retroactively its rulings requiring unanimous jury verdicts for death sentences to cases made final by June 2002 whe...
Sentencing and Law Policy
Saturday, August 12, 2017

Lamenting the role of prosecutors in continued pursuit of juve LWOP sentences
This New York Times op-ed by Rashad Robinson zeroes in on the role of prosecutors in the continuance of juve LWOP sentences in the wake of Graham and Miller. The piece is headlined "No Child Deserves a Life Sentence. But......
Sentencing and Law Policy
Friday, August 11, 2017

"Certain Certiorari: The Digital Privacy Rights of Probationers"
The title of this post is the title of this new paper available via SSRN authored by Daniel Yeager. Here is the abstract: In a recent oral argument, a judge on the California Court of Appeal told me they had......
Sentencing and Law Policy
Friday, August 11, 2017

A reminder of why an active death penalty system in the US now seems so unlikley
Arguably the US has never had an active death penalty system, though there were a few hundred executions each year during the first decades of the 20th Century. In the so-called modern death penalty era since 1976, the most completed......
Sentencing and Law Policy
Thursday, August 10, 2017

Notable new coverage of possible notable new appointment to US Sentencing Commission
Beth Reinhard has this interesting new Wall Street Journal article headlined "Sessions Promotes Tough-On-Crime Judge for Sentencing Panel." The subheadline of this piece reports the core story: "Attorney General urges White House to nominate judge on...
Sentencing and Law Policy
Thursday, August 10, 2017

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