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Clemency for the 21st Century: A Systemic Reform of the Federal Clemency Process

5 Pages Posted: 15 Apr 2013  

Mark William Osler

University of St. Thomas - School of Law (Minnesota)

Date Written: April 10, 2013

Abstract

Federal clemency is in crisis. In response to that crisis, a remarkable bipartisan consensus has formed in support of systemic reform. This short statement acknowledges that consensus, and lays out a framework for change. The reforms described here are achievable without significant congressional action, consistent with best practices in the states, and cost-effective. We urge that this administration take the clemency process out of the Department of Justice, create an independent and bipartisan Clemency Board that would report directly to the President, and establish a regular and systemic process for executive consideration of individual cases.

Keywords: pardon power, clemency, commutation

JEL Classification: K14, K19

Suggested Citation

Osler, Mark William, Clemency for the 21st Century: A Systemic Reform of the Federal Clemency Process (April 10, 2013). Available at SSRN: https://ssrn.com/abstract=2248361 or http://dx.doi.org/10.2139/ssrn.2248361

Mark William Osler (Contact Author)

University of St. Thomas - School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
(254) 717-7032 (Phone)

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