Sentencing Law and Policy
6 days ago · Friday, January 17, 2025 Supreme Court grants cert concerning limits on successor federal 2255 petitions under AEDPA. The US Supreme Court this afternoon granted cert in five cases this afternoon via this order list.Only one of the five involves criminal matters, Bowe v.United States, No. 24-5438, but this one may warm the heart of post-conviction proceduralists.
Sentencing Law and Policy: Noting some interesting data around …
Jun 28, 2004 · « A few GVRs and lots of cert denials in first full SCOTUS order list of OT 2024 | Main | "Pointing the Way... In the Wrong Direction: the Model Penal Code: Sentencing's Errant Approach to Restorative Justice and Its Role in Sentencing" ». October 7, 2024 Noting some interesting data around Colorado's Proposition 128 to restrict parole eligibility
Call for Papers (again): FSR issue on “A Justice System Crossroads ...
4 days ago · « Supreme Court grants cert concerning limits on successor federal 2255 petitions under AEDPA | Main. January 18, 2025 Call for Papers (again): FSR issue on “A Justice System Crossroads: Reflecting on Biden’s Record and Projecting a Second Trump Term” As first mentioned in this post a few weeks ago, the editors of the Federal Sentencing Reporter are seeking articles for a new FSR issue ...
Sentencing Law and Policy: Split Ninth Circuit panel declares …
Jun 28, 2004 · « Should prosecutors be seeking waivers of all Fourth Amendment rights "for as long as 20 years" in plea deals? | Main | New US Sentencing Commission data on retroactive application of criminal history amendments » May 10, 2024 Split Ninth Circuit panel declares federal felon-in-possession criminal law unconstitutional as applied to …
Sentencing Law and Policy: "Grants Pass And The Pathology Of …
Jun 28, 2004 · « Two different stories about two different executions scheduled for tomorrow in two states | Main | Fascinating data from Marshall Project's political survey of people in 785 prisons and jails ». October 16, 2024 "Grants Pass And The Pathology Of The Criminal Law" The title of this post is the title of this new article authored by Ben McJunkin now available via SSRN.
"Biden Commuted Their Death Sentences. Now What?"
3 days ago · « Call for Papers (again): FSR issue on “A Justice System Crossroads: Reflecting on Biden’s Record and Projecting a Second Trump Term” | Main January 19, 2025 "Biden Commuted Their Death Sentences. Now What?" The title of this post is the headline of this interesting new piece at The Intercept by Liliana Segura. I recommend the piece in full, and here are excerpts:
Sentencing Law and Policy: "Is Prison Abolitionism Self-Defeating?"
Jan 15, 2025 · The question in the title of this post is the title of this new essay authored by Youngjae Lee and now available via SSRN. Here is its abstract: This Essay argues that prison abolitionism is self-defeating in three ways. First, putting pressure on the basic criminal justice model and seeking to ...
Sentencing Law and Policy: A too-lengthy, on-the-road, long …
3 days ago · I have been on the road for most of January, leading me to see a lot of intriguing press pieces from a variety of sources that I have not had time to flag on the blog. (Also, all sorts of football has been even more exciting than blogging this …
Sentencing Law and Policy: Death Penalty Reforms - Typepad
2 days ago · Thanks to some helpful readers, I have been keeping an eye on Hamm v.Smith, and Millhiser seems right that something notable is afoot behind closed SCOTUS doors. My uninformed guess is that a few Justices, most likely Justice Alito, Gorsuch and/or Thomas, may be actively seeking to encourage their colleagues to take up the case as an opportunity to review and recast Eighth Amendment, but they ...
Sentencing Law and Policy: Might Justice Thomas advocate for
Jun 28, 2004 · « Call for Papers: Federal Sentencing Reporter issue on "Booker at 20" | Main | Texas justice?: how should deal cut by special prosecutors to end felony charges against Texas AG be described? March 26, 2024 Might Justice Thomas advocate for entirely eliminating the Apprendi's prior-conviction exception in Erlinger?. Though lots of other cases are, understandably, getting lots more attention ...