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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.

Categories: Law

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Latest Posts:

Terrific review of localities that are "Addicted to Fines"
The latest (and sadly the last) issue of Governing magazine has this terrific lengthy cover story fully titled "Addicted to Fines: Small towns in much of the country are dangerously dependent on punitive fines and fees." I recommend the full......
Sentencing and Law Policy
Thursday, August 22, 2019

Texas completes its fourth execution of year, this time of a defendant who persistently proclaimed his innocence
As reported in this local article, headlined "‘Lord forgive 'em': Larry Swearingen executed despite claims of innocence," the state of Texas carried out an execution this evening. Here are some of the details: For two decades, Larry Ray Swearingen to...
Sentencing and Law Policy
Wednesday, August 21, 2019

"How Do Prosecutors (and the Rest of Us) Get Sentencing So Wrong?"
The title of this post is the title of this lengthy new commentary at The Crime Report authored by James Doyle. Here are excerpts: When enlightened prosecutors are forming Conviction Integrity Units to reassess old convictions, initiating Sentence Re...
Sentencing and Law Policy
Wednesday, August 21, 2019

Rounding up some responses to AG Barr's swipe at progressive prosecutors
As noted in this prior post, Attorney General William Barr delivered these extended remarks to a police conference last week which included sharply negative comments about progressive prosecutors who, in AG Barr's words, "spend their time undercuttin...
Sentencing and Law Policy
Wednesday, August 21, 2019

Noticing the tendency for criminal justice reforms to become a scapegoat for all sorts of crime concerns
One of the many challenges of engineering enduring criminal justice reforms can be the tendency of some folks to attribute any new crime concerns or problems (or perceived new concerns or problems) as a harmful consequence of reforms. All sorts......
Sentencing and Law Policy
Wednesday, August 21, 2019

"The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration"
The title of this post is the title of this new paper now available via SSRN authored by Michele Goodwin. Here is its abstract: The Article makes two conceptual contributions. First, it tells a story about the Thirteenth Amendment forbidding......
Sentencing and Law Policy
Wednesday, August 21, 2019

Could execution troubles help spell the end of Ohio's use of the death penalty?
The question in the title of this post is prompted by this new local Ohio article headlined "House speaker's support of death penalty is being tested." Here are excerpts: Amid Ohio's difficulty in securing a legal means of execution, House......
Sentencing and Law Policy
Tuesday, August 20, 2019

Senator Elizabeth Warren releases her plan for "comprehensive criminal justice reform"
Via this lengthy new Medium post, Senator Elizabeth Warren has joined the ranks of a number prominent candidates for the 2020 Democratic Presidential nomination, in particular Joe Biden, Cory Booker, Pete Buttigeig and Bernie Sanders, in releasing a ...
Sentencing and Law Policy
Tuesday, August 20, 2019

Another perspective on the scope of FIRST STEP Act crack resentencing
A few weeks ago in this post I noted the Fifth Circuit ruling in US v. Hegwood addressing intricate question of whether, when Congress finally provided for complete retroactivity of the Fair Sentencing Act (FSA) in section 404 of the......
Sentencing and Law Policy
Tuesday, August 20, 2019

AG Barr announces new leadership for the federal Bureau of Prisons
A high-profile controversy in the criminal justice can have lots of ripples, and those ripples made it to the head of the federal Bureau of Prisons as detailed in this official press release from the US Department of Justice. Here......
Sentencing and Law Policy
Monday, August 19, 2019

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