The Governor's Clemency Power: An Underused Tool to Mitigate the Impact of Measure 11 in Oregon

57 Pages Posted: 7 May 2019

See all articles by Aliza B. Kaplan

Aliza B. Kaplan

Lewis & Clark Law School

Venetia Mayhew

Lewis & Clark Law School

Date Written: April 7, 2019

Abstract

In this article, we analyze the historical use of the clemency power at both the federal and state levels; including the factors that occurred during the 20th century which resulted in both presidents and governors gradually using the power less, up until the 1980’s. We examine how the “war on crime” and other political and legal changes, including the imposition of new mandatory minimum sentencing laws during the 1980’s and 1990’s, has led to mass-incarceration at both a national and Oregonian level. We discuss how this new punitive sentencing and incarceration philosophy has resulted in a general souring on the use of the pardon power and is now seen as a challenge to powerful prosecutors who generally oppose clemency as an extra-judicial attack on their own policies. In looking at the current prison population in Oregon, we argue that the current Governor should use her pardon power as tool to mitigate some of the prevalent injustice in Oregon.

Keywords: Clemency, Pardon, Criminal

Suggested Citation

Kaplan, Aliza B. and Mayhew, Venetia, The Governor's Clemency Power: An Underused Tool to Mitigate the Impact of Measure 11 in Oregon (April 7, 2019). Lewis & Clark Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3367803

Aliza B. Kaplan (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

Venetia Mayhew

Lewis & Clark Law School ( email )

333 SW Taylor Ave #300
Portland, OR 97204
United States
5039956108 (Phone)

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