Judicial Restoration of Rights as an Auxiliary to the Pardon Power

FSR, Vol. 33:5, Forthcoming

12 Pages Posted: 11 Jun 2021

See all articles by JaneAnne Murray

JaneAnne Murray

University of Minnesota Law School

Date Written: May 27, 2021

Abstract

This essay outlines the pressing need for a robust use of pardon power to address the cascading consequences of criminal convictions. It argues that a scalable auxiliary to presidential pardon power is a legislative scheme that harnesses the federal court system to conduct individualized reviews and adjudications of petitions for the restoration of rights. In the digital age, where nothing can be truly forgotten, these authoritative judgments of rehabilitation, coupled with clear prohibitions on considering criminal records, are the most effective way to address the profound collateral consequences of criminal convictions.

Keywords: Pardon Power, Restoration of Rights, Collateral Consequences of Criminal Convictions

Suggested Citation

Murray, JaneAnne, Judicial Restoration of Rights as an Auxiliary to the Pardon Power (May 27, 2021). FSR, Vol. 33:5, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3858920 or http://dx.doi.org/10.2139/ssrn.3858920

JaneAnne Murray (Contact Author)

University of Minnesota Law School ( email )

Walter F. Mondale Hall
229 19th Avenue South
Minneapolis, MN 55455
United States
646.209.7553 (Phone)
866.259.7819 (Fax)

HOME PAGE: http://www.law.umn.edu/facultyprofiles/murrayj.html

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