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February 3, 2020

Continuing discussion of "ideal" clemency process

In class this week, we will finish up discussing Woodard's account of what the Constitution demands (and does not demand) in the form of required process for those seeking clemency.  And then, as mentioned at the end of last class, I want us to explore various visions of what we might view as an ideal clemency process.

As we think about the clemency process, we might find it useful to discuss both (A) the broad "system structure" for clemency decision-making, and (B) the individual "case specific" process.  As for structure, questions arise concerning, e.g., whether to prefer decisions to be entirely in the hands of Governors/Presidents or to involve some kind of reviewing board; whether to want a legislature to create some standards or limits for clemency work. As for the case-specific, questions arise concerning, e.g., whether and how defendants can have legal counsel and present evidence; whether clemency decision-makers should provide some formal explanation for its rulings.

In addition to contemplating these sort of matters, please also remember to send me your top two presentation dates from these options.

February 3, 2020 in Class activities | Permalink


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