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January 16, 2020
Continuing with clemency history ... adding a bit of modern law
As mentioned in class, your primary assignment for this week is to work on figuring out what topic will be the focal point for your class presentation and concluding paper. In class next week, we will start our discussions by having everyone share (tentative) plans. Thereafter, we will return to our discussions of clemency history, based in part on the articles previously circulated and based in part on continued discussions of real-world examples of (state or federal) clemency which took place BEFORE the 21st Century that may be of interest to you.
As we wind down what might be call the "early history" portion of our class discussion, we will then transition into a brief overview of leading federal and Ohio legal precedents on the clemency power. In next week's class, I will be handing out a hard-copy packet with these leading US Supreme Court and Ohio Supreme Court decisions, and here are links to these cases if you are extra eager to check out this area of law ASAP:
Herrera v. Collins, 506 U.S. 390 (1993) (the main clemency discussion is at pp. 411 to 417 of majority opinion)
Ohio Adult Parole Authority v. Woodard, 523 U.S. 272 (1998)
Ohio v. Boykin, 138 Ohio St. 3d 97 (2013)
January 16, 2020 | Permalink
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