The Power to Pardon
editorial

The Power to Pardon


Pardoning has gotten a bad name, and a recent visitor to Maine hopes to do something about it.

Kurt L. Schmoke, dean of the Howard University School of Law and former mayor of Baltimore, told a gathering of lawyers and law students at the University of Southern Maine that it was time for presidents and governors to rethink the role of the pardon and use that power to remedy excesses in the criminal justice system. He delivered the annual Frank M. Coffin Lecture, named for the retired judge of the 1st Circuit Court of Appeals.

Dean Schmoke noted that recent pardons seemed to be received only by the well-connected and influential, as in President Bill Clinton’s pardon of financier Frank Rich and President George W. Bush’s commutation of the prison sentence of Lewis “Scooter” Libby, Vice President Dick Cheney’s former chief of staff. He said that presidents had been cautious in using the pardon since Gov. Michael Dukakis lost his 1988 presidential bid partly because of political commercials condemning his pardon of Willie Horton. He could have added the turmoil over President Ford’s pardon of Richard Nixon.

“Rather than viewing with trepidation the opportunity to pardon or commute, the executive should welcome the chance to review annually the operation of the justice and correction systems to see if there is a need to ameliorate the often coldly objective application of criminal laws,” he said. He suggested the flawed “war on drugs” was a good place to start such a review.

Dean Schmoke recognized that presidents and governors are reluctant to exercise clemency powers and expressed the hope that “citizens will encourage our leaders to carefully, thoughtfully and regularly exercise the power in the future.”

His lecture drew in part from a 2007 article by Margaret Colgate Love titled “Reinventing the President’s Pardon Power.” She recalled that Alexander Hamilton called pardon a “benign prerogative” and that Supreme Court Justice Anthony Kennedy urged that the pardon process be “reinvigorated” in response to “unwise and unjust” federal sentencing laws.

Ms. Love, a former federal pardon attorney now in private practice in Washington, described a “web of invisible punishment” and “internal exile” suffered by federal convicts long after serving their prison terms. Many recent laws exclude people with criminal records, and some states withhold basic civil rights including the right to vote.

She attributed the decline in pardoning to the emergence of the theory of “just deserts” (deserved punishment) embodied in the 1984 Sentencing Reform Act and to the “war on crime,” as well as to the hostility of prosecutors toward pardoning.

Now it’s up to presidents and governors to restore pardoning to its historic role and to lawyers, judges and the general public to rethink the matter in the interest of justice for all.

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Comments
4 comments on this item

And this is what is allowed in the USA to grant our President to officiate over with his Divine Power. Not to get entangled with this article, although I completely understand it and the history behind it, I'm wondering just how many present and future terrorists held or to be held in crimes against America and its citizenry and population, overseas and domestically, will receive pardons as a result of political pressures or alliance coalitions?

The number one problem for any president, in the matter of the Pardon, is who to trust. With all the millions of people we have incarcerated in this country, it is obvious that Presidents and Governors have to rely on others to bring people forward who may qualify for a pardon. Dukakis, in all likelyhood didn't know Willie Hornton personaly. But since then everyone who is elected to a position with the power to Pardon, and with asperations to higher office surely does know Willie Hornton.

Since that incident, those with the power to Pardon, have been pretty careful about who they Pardon.

HOw many people are in jails across this country

with bigger sentences than OUI killers get or rapists.

I think the writer said something about drug related crimes

are they the same crimes as killer and rapists.

Selling your friend a bag of dope

is just like killing someone RightPeriod !!!!!!!!!!

I have always wondered why the power of pardon has never been used to free a juvenile. It would seem that the best chance of rehabilitation and a "new life" would be with our young.

BTW there is way too much emphasis placed on Mike and Willie. Bill Clinton pardoned the FALN terrorists who bombed the Mobil oil building, Fraunces Tavern and 86 other sites in and around New York City. They killed 7 people, and injured hundreds. Even worse than the pardon itself, was the reason behind it. Hill-the-business-shill (AKA Bill's wife) was running for the Senate in New York, and had little support in the Hispanic community. The pardon was intended to boost that support.

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