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The process is the punishment: Donald Trump receives sentence of "unconditional discharge" in New York state prosecution
I have just finished listening to today's hearing as part of the state court sentencing in Trump v. New York, at the end of which he received the expected sentence of "unconditional discharge." The ...
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Two federal death row inmates seeking to reject Biden's commutation as they press innocence claims
As reported in this notable new NBC News piece, "[t]wo prisoners who are among the 37 federal inmates whose death sentences were commuted last month by President Joe Biden — a move that spares them ...
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"Unlocking State Punishment Clauses"
The title of this post is the title of this new article authored by William Berry III now available via SSRN. Here is its abstract: The United States Supreme Court has applied the Eighth Amendment in ...
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What kind of Second Amendment case will be next for SCOTUS after Bruen and Rahimi?
Anyone and everyone following Second Amendment litigation since the Supreme Court's landmark Bruen ruling knows that it is not a question of whether, but just a matter of when, the Justices will take ...
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"Grasping the Third Rail: Restorative Justice and Violent Crime"
The title of this post is the title of this new paper now available via SSRN authored by Olwyn Conway. Here is its abstract: Restorative justice is a means of responding to harm — including criminal ...
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"Toward Pretrial Criminal Adjudication"
The title of this post is the title of this new paper authored by Eric Fish and Chesa Boudin now available via SSRN. Here is its abstract: The American criminal justice system faces a crisis of ...
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The Sentencing Project releases "A Matter of Life: The Scope and Impact of Life and Long Term Imprisonment in the United States"
The Sentencing Project has long provided the most extensive coverage and data on life sentences in the US, and its latest major report on this front was released today under the title "A Matter of ...
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Judge Merchan upholds Donand Trump's NY state convictions, suggests he will impose sentence of "unconditional discharge" next week
As reported in this AP piece, "a judge Friday set President-elect Donald Trump’s sentencing in his hush money criminal case for Jan. 10 — little over a week before he’s due to return to the White ...
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US Sentencing Commission now officially without two of its seven voting members
With help from a colleague, I can report on significant news relating to the US Sentencing Commission that goes along with the new Congress. As reported in this post, back in August 4, 2022, the ...
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A short round-up of new stories for a new year
I have recently seen some press pieces with various types of discussion of what might be expected in various areas of law and policy that connect to criminal justice and sentencing. So here is a short ...
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"Is civil commitment rehabilitating sex offenders — or punishing them?"
The question in the title of this post is the subtitle of this new Harper's Magazine article titled "The Forever Cure." Here is an excerpt: As a wave of civil-commitment laws passed in the Nineties ...
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"The Problem with the ‘Criminal Legal System’"
The title of this post is the title of this notable new essay in Vital City authored by Greg Berman. I recomment the full piece, and here are some excerpts: The field of criminal justice is not immune ...