Memo to the President: Two Steps to Fix the Clemency Crisis

Osler, Mark William

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Memo to the President: Two Steps to Fix the Clemency Crisis

University of St. Thomas Law Journal, Vol. 17, 2020

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-03

31 Pages Posted: 10 Jun 2020

See all articles by Mark William Osler

Mark William Osler

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

Date Written: May 15, 2020

Abstract

Federal clemency is in crisis. Over 13,000 petitions languish in a broken system. The current federal review process is strikingly bureaucratic and embedded deep within the Department of Justice. This essay proposes a two-step plan to fix the mess. Whoever is sworn in on January 20, 2021 should heed these simple directives and avoid the clemency trap that the last several presidents have stumbled into.

Keywords: clemency, pardon, commutations, Biden, Trump, mass incarceration, criminal law, sentencing

JEL Classification: K14

Suggested Citation: Suggested Citation

Osler, Mark William, Memo to the President: Two Steps to Fix the Clemency Crisis (May 15, 2020). University of St. Thomas Law Journal, Vol. 17, 2020, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 20-03, Available at SSRN: https://ssrn.com/abstract=3601988