This is a huge and long overdue development. No longer can a federal judge use a not-guilty verdict to increase someone’s sentence – and yes it is despicable and utterly insane that it was ever allowed in the first place.

Fantastic work by United States Sentencing Commission eliminating the use of acquitted conduct at sentencing and recognizing the brain science around youthful offenders. This is an agency guided by science and respectful of the jury's role. You love to see it!

So excited to have Devon Carbado NYU Law!!!!!

Moving remarks from exoneree Chester Hollman who served two and a half decades for a crime he didn’t convict. He points out “it’s not just correcting a mistake, but restoring faith in the justice system.”

It's jury selection time in Trump's Manhattan criminal trial! The hundreds of prospective jurors will answer 42 questions to suss out their impartiality.

Some are standard jury questions.
Here are a few of the fun ones:

Kenneth Thompson Lecture panelists discuss how prosecutors can bring change to the criminal justice system: ow.ly/ywvc50R9xmt

I decided to look at all 33 states with supreme court elections this year.

Why? Recent events show how they're greatly shaping civil & voting rights, abortion access, and a lot more. It's critical to pay attention.

Here's everything you need to know: boltsmag.org/your-state-by-…

Compassionate release by the BOP did not compromise public safety. #justice

forbes.com/sites/walterpa…

Our report on prosecutorial misconduct in the Philly DAO is out here: shorturl.at/cNZ48. Join us at NYU Law School on April 16 as we discuss its findings and reform recommendations. Registration info below.

There is no better way to get 3 NY Ethics CLE credits than this amazing event. Sign up info below. Hope to see you there!

In her latest Note, Rachel Barkow writes about the absurdity of the federal sentencing guidelines: cafe.com/notes-from-con…

'While Trump promised nothing on criminal justice reform but still did something significant, Biden promised a lot but so far has done nothing of real substance,' writes Mark Osler. amp.cnn.com/cnn/2024/03/26…

Rachel Barkow

I don't agree w/all his decisions, but Justice Gorsuch is the true heir to Justice Scalia when it comes to adhering to textualism even when it favors a criminal defendant, and he faithfully applies the rule of lenity. Here's the latest example: supremecourt.gov/opinions/23pdf…

The 6 justices in the majority in Pulsifer can't claim w/a straight face that they're textualists. They are, instead, ardently pro-govt in criminal cases no matter the statutory language. The Gorsuch dissent (joined by Jackson and Sotomayor) is pure 🔥. supremecourt.gov/opinions/23pdf…

The Dead Poseurs Society