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Date: April 23, 2024 Tue
Time: 3:04 pm
Time: 3:04 pm
Results for clemency
2 results foundAuthor: Drinan, Cara H. Title: Clemency in a Time of Crisis Summary: At the state level, the power to pardon or commute a criminal sentence — that is, to grant clemency — is vested in either the Governor, an executive clemency board, or some combination thereof. Until very recently, clemency grants were a consistent feature of our criminal justice system. In the last four decades, though, state clemency grants have declined significantly; in some states, clemency seems to have disappeared altogether. In this Article, I contend that executive clemency should be revived at the state level in response to ongoing systemic criminal justice failings. Part I of this Article describes clemency at the state level today. Despite judicial and scholarly support for the role of clemency in our criminal justice system, state clemency practice fails to live up to its theoretical justifications. Part II of this Article makes the case for a policy of vigorous clemency on both theoretical and practical grounds. Not only was clemency designed, at least in part, to serve an error-correcting function, but also, today, there are several reasons why state executive actors may be able to use their clemency power robustly without suffering politically. In Part III, I address questions of implementation. If state executive actors are to pursue commutations of sentences or pardons, which inmates should be the subject of such pursuits? How can those executive actors best be insulated from political pressure? In sum, this Article argues that revitalizing state clemency is a valuable and viable component of broader criminal justice reform. Details: Atlanta, GA: 28 Georgia State Law Review 1123, Forthcoming. 38p. Source: Internet Resource: Accessed June 20, 2012 at http://ssrn.com/abstract=2079812 Year: 1123 Country: United States URL: http://ssrn.com/abstract=2079812 Shelf Number: 125386 Keywords: Administration of JusticeClemencyCriminal Justice ReformPardons |
Author: Pascoe, Daniel Title: Clemency in Southeast Asian Death Penalty Cases Summary: The five contemporary practitioners of the death penalty in Southeast Asia (Indonesia, Malaysia, Thailand, Singapore and Vietnam) have performed judicial executions on a regular basis between 1975 and 2013. Notwithstanding this similarity, the number of death sentences passed by courts that were subsequently reduced to a term of imprisonment through grants of clemency by the executive has varied remarkably between these jurisdictions. Some of these countries commuted the sentences of death row prisoners often (for example, the clemency 'rate' of 91-92 per cent witnessed in Thailand), others rarely (a clemency 'rate' of around 1 per cent in Singapore), and some at 'medium' rates. In this article, I employ the methodology of comparative criminal justice to explore the discrepancies and similarities in capital clemency practice between these five Southeast Asian jurisdictions. In doing so, I seek to identify the structural and cultural reasons why retentionist countries exercise clemency at vastly different 'rates' in finalised capital cases. Details: Melbourne: Centre for Indonesian Law Islam and Society, 2014. 32p. Source: Internet Resource: CILIS Policy Paper series no. 4: Accessed July 18, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2459414 Year: 2014 Country: Asia URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2459414 Shelf Number: 139654 Keywords: Capital PunishmentClemencyDeath Penalty |