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A Case for Clemency A Case for Clemency
(7 months later)
This article is part of David Leonhardt’s newsletter. You can sign up here to receive it each weekday.This article is part of David Leonhardt’s newsletter. You can sign up here to receive it each weekday.
President Trump has his own unusual approach to granting clemency. He tends to focus on famous people, especially those with ties to him — while also commuting the sentences of a small number of more typical prisoners who have a strong case for leniency.President Trump has his own unusual approach to granting clemency. He tends to focus on famous people, especially those with ties to him — while also commuting the sentences of a small number of more typical prisoners who have a strong case for leniency.
If you want to read people debate the wisdom of the 11 specific pardons and commutations Trump issued yesterday, I’ve recommended several pieces below.If you want to read people debate the wisdom of the 11 specific pardons and commutations Trump issued yesterday, I’ve recommended several pieces below.
I’d like to focus on the broader picture — namely, the importance of pardon power in a criminal justice system as flawed and unfair as ours.I’d like to focus on the broader picture — namely, the importance of pardon power in a criminal justice system as flawed and unfair as ours.
Roughly two million Americans are waking up behind bars this morning. The incarceration rate in the United States is more than twice as high as that of Brazil; more than four times higher than in Britain or Mexico; almost six times higher than in China; and almost 15 times as high as in Japan.Roughly two million Americans are waking up behind bars this morning. The incarceration rate in the United States is more than twice as high as that of Brazil; more than four times higher than in Britain or Mexico; almost six times higher than in China; and almost 15 times as high as in Japan.
A central reason for American mass incarceration is the long prison sentences in our criminal codes, even for some nonviolent offenses. A second reason is the infrequency and arbitrariness of parole, as Jennifer Gonnerman documented in a recent New Yorker story. A third reason — arguably the least common but most outrageous — is wrongful conviction.A central reason for American mass incarceration is the long prison sentences in our criminal codes, even for some nonviolent offenses. A second reason is the infrequency and arbitrariness of parole, as Jennifer Gonnerman documented in a recent New Yorker story. A third reason — arguably the least common but most outrageous — is wrongful conviction.
Clemency is rarely an easy decision for a president or governor, because it involves freeing somebody convicted of breaking society’s rules, sometimes violently so. But in a legal system that errs far too often on the side of harshness, clemency is vital. It’s a way to correct abuses, albeit one case at a time, until true criminal justice reform can occur.Clemency is rarely an easy decision for a president or governor, because it involves freeing somebody convicted of breaking society’s rules, sometimes violently so. But in a legal system that errs far too often on the side of harshness, clemency is vital. It’s a way to correct abuses, albeit one case at a time, until true criminal justice reform can occur.
One recent example: Felipe Rodriguez, a Brooklyn man who spent 27 years behind bars for a horrific 1987 murder he didn’t commit. Rodriguez spent years trying and failing to get prosecutors and police to turn over relevant evidence. Only after Governor Andrew Cuomo commuted his sentence in 2016 — bringing more attention to the case — did police locate a file in the archives that helped clear Rodriguez.One recent example: Felipe Rodriguez, a Brooklyn man who spent 27 years behind bars for a horrific 1987 murder he didn’t commit. Rodriguez spent years trying and failing to get prosecutors and police to turn over relevant evidence. Only after Governor Andrew Cuomo commuted his sentence in 2016 — bringing more attention to the case — did police locate a file in the archives that helped clear Rodriguez.
Another argument for a greater use of clemency is the troubled parole system. Some parole boards don’t even meet with the prisoners whose cases they’re considering, as Jorge Renaud has written for the Prison Policy Initiative. Other states reimprison people for insignificant parole violations: “Alaska prohibits an individual on parole from changing residence without notification and considers an overnight stay a change of residence, punishable by parole revocation,” Renaud writes.Another argument for a greater use of clemency is the troubled parole system. Some parole boards don’t even meet with the prisoners whose cases they’re considering, as Jorge Renaud has written for the Prison Policy Initiative. Other states reimprison people for insignificant parole violations: “Alaska prohibits an individual on parole from changing residence without notification and considers an overnight stay a change of residence, punishable by parole revocation,” Renaud writes.
For more …For more …
Tom Rogan, Washington Examiner:Tom Rogan, Washington Examiner:
By commuting the sentence of Rod Blagojevich, President Trump has boosted one of the mosquitolike corrupt officials who suck the blood out of democracy. After all, this is not someone who deserves presidential leniency. … [Blagojevich’s] betrayal of trust and rampant penchant for corruption speak to the absurdity of Trump’s commutation on Tuesday. … But the saddest element of Trump’s decision is his total disregard for why Blagojevich deserved what he got. Lamenting the former governor’s ‘ridiculous sentence,’ Trump shows that he doesn’t think that public corruption is that big a deal. So much for draining the swamp.
Jeffrey Toobin, New Yorker:Jeffrey Toobin, New Yorker:
Authoritarianism is usually associated with a punitive spirit — a leader who prosecutes and incarcerates his enemies. But there is another side to this leadership style. Authoritarians also dispense largesse, but they do it by their own whims, rather than pursuant to any system or legal rule. The point of authoritarianism is to concentrate power in the ruler, so the world knows that all actions, good and bad, harsh and generous, come from a single source. That’s the real lesson — a story of creeping authoritarianism — of today’s commutations and pardons by President Trump.
Rachel Barkow of New York University to the Brennan Center’s Ruth Sangree:Rachel Barkow of New York University to the Brennan Center’s Ruth Sangree:
A best-case scenario [to reduce mass incarceration] would see the reduction in or elimination of mandatory minimum sentences and a robust return of second looks at sentencing, whether with parole, clemency, compassionate release, or prosecutorial efforts to change sentences.
If you are not a subscriber to this newsletter, you can subscribe here. You can also join me on Twitter (@DLeonhardt) and Facebook.If you are not a subscriber to this newsletter, you can subscribe here. You can also join me on Twitter (@DLeonhardt) and Facebook.
Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.