Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Sunday, August 27, 2006

Executive clemency

This editorial, from today's Washington Post, caught my attention.  Here is the first paragraph:

WE HAVE our differences with Maryland Gov. Robert L. Ehrlich Jr. (R). But his record on clemency, the dispensing of mercy to those convicted of crimes, is truly exemplary. Where many governors, and President Bush, wield their power to forgive with great timidity -- seeing virtually any substantial use of it as a potential political liability with no upside -- Mr. Ehrlich has been bold. In less than one term in office, his 190 pardons and commutations eclipse by far the sum of those issued in two terms each by his immediate predecessors, William Donald Schaefer and Parris N. Glendening. Other chief executives should take note.

I tend to agree that our practices today with respect to crime-and-punishment are such that executive clemency is an important means of correcting or preventing injustices and should be used freely for this purpose.  At the same time, there is always the danger that clemency, if granted haphazardly, casually, or arbitrarily, can undermine the very ends it is supposed to promote.  So, what's the solution?

Here and here are some earlier MOJ posts on the subject.

https://mirrorofjustice.blogs.com/mirrorofjustice/2006/08/executive_cleme.html

Garnett, Rick | Permalink

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