SCOTUS Questions the Government's Absurdly Broad Definition of 'Aggravated Identity Theft'
According to the Justice Department's reading of the law, the crime need not involve impersonation or even fraud.
Sentencing
Alabama Set To Resume Executions. But Will They Stop Botching Them?
"No one buys this sham of a review," wrote one critic. "And the reason we don't buy it is because we all have functioning brains."
'America Has Lost the War on Drugs,' The New York Times Says, but Should Keep Fighting It Anyway
The paper pushes modest reforms while endorsing continued criminalization.
Pennsylvania Governor Says He Won't Sign Execution Warrants
"This is a fundamental statement of morality, of what's right and wrong," Democratic Gov. Josh Shapiro said Thursday. "And I believe Pennsylvania must be on the right side of this issue."
How a Drafting Error Made It Harder for New Yorkers To Obtain Relief From Marijuana Felony Records
Because legislators omitted a crucial letter, there is no straightforward way to downgrade convictions for offenses that are no longer felonies.
Oklahoma Pulls Back the Relentless Pace of Planned Executions
A plan to put 25 inmates to death over two years is reconsidered.
Federal Inmates Suffering From Unconstitutional Medical Neglect Could Get Relief Under Rule Change
The U.S. Sentencing Commission might make medical neglect a qualifying condition for compassionate release.
Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
Pot Possession Cases Have Plummeted in Federal Courts, but Prior Marijuana Convictions Still Boost Penalties
Federal sentences for simple marijuana possession dropped by 93 percent over seven years.
Texas Executes Man Using Expired Drugs
A last-minute injunction gets tossed, allowing the state to give Robert Fratta a lethal dose of pentobarbital.
Is Texas About To Use Expired Drugs To Execute Death Row Inmates?
Defendants say this practice violates the state’s own laws. The attorney general is pushing onward anyway.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
Amber McLaughlin's Jury Deadlocked—So the Judge Decided She Should Be Executed
Today's scheduled execution is getting attention because she's trans. But the bigger story here is how she was sentenced to die.
2022 Was a Year of Bad, Botched Death Row Executions
Fortunately, government kills fewer prisoners each year.
The Failure To Enact Marijuana Banking and Crack Sentencing Reforms Is a Window on Congressional Dysfunction
Although both bills have broad bipartisan support, they never got a vote in the Senate and were excluded from the omnibus spending bill.
Aaron Dean's Conviction Suggests What It Takes To Hold Cops Accountable for Wrongly Using Deadly Force
The former Forth Worth officer shot Atatiana Jefferson through a window of her home. He said he thought she was a burglar.
Congress Misses Another Chance To Correct Blatantly Unjust Crack Penalties
The legal distinction between the smoked and snorted forms of cocaine never made sense.
Congress Yet Again Fails To Pass Crack Cocaine Sentencing Reforms
A compromise to cram crack sentencing reform into the year-end omnibus spending bill fell apart at the last minute.
Merrick Garland's New Charging Policy Aims To Ameliorate the Damage His Boss Did As a Drug Warrior
The attorney general's memo to prosecutors is an improvement, but it is no substitute for legislation.
Rikers Island Sees 19th Death This Year After Judge Gives Leaders More Time To Fix Its Messes
Somehow deaths have climbed even though the prison population has dropped.
Attorney General Orders Prosecutors To End Crack Cocaine Sentencing Disparity as Congress Dithers
The move comes as legislation flounders in Congress to end the crack-powder sentencing disparity once and for all.
Oregon's Governor Commutes Sentences of All State Death Row Inmates
Brown: “The state should not be in the business of executing people.”
These Louisiana Inmates Served Their Sentences, but the State Wouldn't Let Them Go
Plus: A potential fusion energy breakthrough, the possible return of the child tax credit, and more...
This Teen Was Acquitted of Killing His Accomplice. He Was Punished for It Anyway.
Seventeen retired federal judges, appointed by both Republicans and Democrats, filed a brief supporting his appeal.
Should the Sentencing Commission Get Auer Deference for the Number of "Images" in a Video?
The U.S. Court of Appeals for the Sixth Circuit disagrees on whether the word "image" is ambiguous.
Mandatory Life Sentences for Juvenile Homicide Offenders are Unconstitutional, Rules Tennessee Supreme Court
The court says a 51-year "life" sentence for a 2015 murder violated the Eighth Amendment.
Alabama Execution Called Off Because Officials Couldn't Insert Needle
For the second time in three months, the state struggles and fails to execute a death row inmate.
Oklahoma Court Denies New Evidence Hearing for Death Row Inmate Richard Glossip
After the latest reprieve from the governor, he’s scheduled for execution in February.
Study: Text Message Reminders Can Help Stop People from Missing Parole or Probation Meetings
It’s a little thing, but thousands of people end up in jail over these types of avoidable technical violations.
What Message Are Prosecutors Sending by Charging Paul Pelosi's Attacker With 8 State and Federal Felonies?
In addition to six state charges, David DePape faces two federal charges, each punishable by decades in prison.
Why Is Texas Requiring a Guy Who Stole a Car To Register as a Sex Offender?
When states misuse sex-offender registries and apply them to any crime that involves a child, individual rights are abused.
The Consequences That Hunter Biden Could Face for Violating Arbitrary Gun Laws Should Give His Father Pause
The president supports the law that could send his son to prison for lying about his personal habits while buying a firearm.
The Twin Crusades Against Drugs and Guns
The war on drugs conspires with the war on guns to make a mockery of justice.
Biden Is Still Seeking Potential Life Sentences for Distributing Weed, Even As He Pardons for Possession
Pardoning possession offenders is nice. Taking his boot off the necks of cannabis sellers would be even better.
A Jury Acquitted Them of Various Charges. They Served Prison Time for Them Anyway.
The Supreme Court may soon consider if acquitted conduct sentencing is illegal.
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
11,000 Federal Inmates Were Sent Home During the Pandemic. Only 17 Were Arrested for New Crimes.
Criminal justice groups say the numbers vindicate their push to keep those people from being sent back to prison.
2 Defendants in Whitmer Kidnapping Case Found Guilty in Retrial
After an embarrassing failure for the FBI counterterrorism program, federal prosecutors won convictions against two of the men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer.
Judges Who Sent Kids to Detention Centers for Financial Kickbacks Ordered To Pay Over $200 Million
Former Judges Mark A. Ciavarella and Michael T. Conahan are now serving lengthy prison sentences for what became known as the "kids-for-cash" scandal.
Oklahoma Governor Orders Stay of Execution for Richard Glossip
Delaying Glossip's execution until December allows the courts to consider new evidence that might prove his innocence.
Brittney Griner's 9-Year Sentence Highlights Stark Differences Between Russian and U.S. Pot Penalties
Travelers caught with small amounts of marijuana at the U.S. border face much less severe punishment.
How Many People Have To Be Assaulted or Killed Before Chuck Schumer Stops Resisting Marijuana Banking Reform?
The Senate majority leader has repeatedly blocked a bill that would address the robbery threat to state-licensed pot shops.
Gun Owners Who Are Disqualified Under State Law Can Now Be Charged With 'Trafficking in Firearms'
That new crime, which is punishable by up to 15 years in federal prison, includes receipt of firearms by "prohibited persons."
A New Gun Law Reflects the Worst Instincts of Both Parties
The Bipartisan Safer Communities Act increases the penalties for violating arbitrary firearm bans.
A New Report Casts Doubt on the Assumption That Gun Law Violators Are a Public Menace
The vast majority of federal firearm offenses involve illegal possession, often without aggravating conduct or a history of violence.
