Digital Commons Network^™

Reprieves Return: Minnesota's Decision To Awaken The Reprieve, Mary Fee, Monica Shaffer

Mitchell Hamline Law Review

No abstract provided.

Expungement In Pennsylvania After Pardon: Excluded By Clean Slate Limited Access, Joseph H. O’Donnell

Dickinson Law Review (2017-Present)

Pennsylvania law provides several methods to protect or dispose of a criminal record. Methods to protect a criminal record from public view include expungement, limited access, clean slate limited access, and pardon. Expungement is a relatively limited right in Pennsylvania, but individuals do have a right to expungement upon receipt of a governor’s pardon. This right was created by case law. However, not every state follows this model. The recently enacted Clean Slate Limited Access Act created automated sealing for certain offenses, including cases where the Governor issued a pardon. This created a system of double protection for criminal records …

Footnote Forum’S Moderated Conversation With The Authors Of The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano And Nathan Yaffe, Assia Serrano, Nathan Yaffe

City University of New York Law Review

No abstract provided.

The Pardon Paradigm: The Presidential Pardons Of Donald J. Trump, Hlynur Saemundsson

Honors Undergraduate Theses

The presidential pardon power is an oft-overlooked political institution that seems to be perceived as being innocuous and irrelevant to larger political concerns. This research examines the pardons issued by President Donald J. Trump in an effort to evaluate whether they align with constitutional expectations regarding the use of this unrestricted presidential power. Dr. Jeffrey Crouch, a leading scholar on the subject, has demonstrated that the pardon power was intended to be used as a disinterested act of grace or an act in the public interest. A close survey of President Trump’s use of this power shows that many of …

The Opposite Of Punishment: Imagining A Path To Public Redemption, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

The criminal justice system traditionally performs its public functions – condemning prohibited conduct, shaming and stigmatizing violators, promoting societal norms – through the use of negative examples: convicting and punishing violators. One could imagine, however, that the same public functions could also be performed through the use of positive examples: publicly acknowledging and celebrating offenders who have chosen a path of atonement through confession, apology, making amends, acquiescing in just punishment, and promising future law abidingness. An offender who takes this path arguably deserves official public recognition, an update of all records and databases to record the public redemption, and …

Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano

Nova Law Review

No abstract provided.

Howell V. Mcauliffe, L. Michael Berman

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Three Coming Challenges To Indonesia's Death Penalty Regime, Daniel Pascoe

Indonesian Journal of International and Comparative Law

Indonesia's President, Susilo Bambang Yudhoyono, will step down on 20 October 2014 after two five-year terms in office. Uncertainty surrounds the attitude of his successor, Joko Widodo, towards capital punishment, but outright abolition is considered unlikely for the time being, as Indonesia’s public, government and religious institutions still favour the retention of the death penalty. However, by the date of his departure from office, President Yudhoyono may have around 40 clemency petitions to rule on, should he wish to do so before the end of his presidency. Other than hoping that the outgoing President accedes to these requests for clemency, …

Collateral Damage: America's Failure To Forgive Or Forget In The War On Crime: A Roadmap To Restore Rights And Status After Arrest Or Conviction, National Association Of Criminal Defense Lawyers, Jenny M. Roberts

Reports

No abstract provided.

On Executive Clemency: The Pardon Of Richard M. Nixon , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.

Battling Collateral Consequences: The Long Road To Redemption, Joann M. Sahl

Akron Law Faculty Publications

Mississippi Governor Haley Barbour issued 193 controversial pardons on January 10, 2012, his last day in office. Former Ohio Governor Ted Strickland, who left office in January 2011, also faced criticism when he granted 280 pardons. Both governors publicly acknowledged that they granted most of their pardons to rehabilitated ex-offenders who sought to overcome the civil consequences of their criminal convictions. These consequences, known as collateral consequences, impede the ability of millions of ex-offenders to find employment, housing or other important benefits.

This Article explores the increasingly important, but controversial, role that governors play in the battleground of collateral consequences. …

Battling Collateral Consequences: The Long Road To Redemption, Joann M. Sahl

Joann M. Sahl

Mississippi Governor Haley Barbour issued 193 controversial pardons on January 10, 2012, his last day in office. Former Ohio Governor Ted Strickland, who left office in January 2011, also faced criticism when he granted 280 pardons. Both governors publicly acknowledged that they granted most of their pardons to rehabilitated ex-offenders who sought to overcome the civil consequences of their criminal convictions. These consequences, known as collateral consequences, impede the ability of millions of ex-offenders to find employment, housing or other important benefits.This Article explores the increasingly important, but controversial, role that governors play in the battleground of collateral consequences. Their …

Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein

Catholic University Law Review

No abstract provided.

Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley

Law and Contemporary Problems

Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …

Political Versus Administrative Justice, Stephanos Bibas

All Faculty Scholarship

This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/

Invasions Of Conscience And Faked Apologies, Stephanos Bibas

All Faculty Scholarship

This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on …

Exile, Amnesty And International Law, Leila Nadya Sadat

Notre Dame Law Review

This Article examines recent state and international practice regarding amnesties for jus cogens crimes, particularly cases from Latin America as well as international courts and tribunals, and explores the transnational legal dialogue between courts, and to a lesser degree, legislatures, that has led to international norm creation in this area, strengthening the prohibition against amnesties considerably. At the same time, constraints upon the exercise of universal jurisdiction, whether imposed by legislatures, articulated in judicial opinions, or created by international treaty, have provided a political check to the otherwise unbounded exercise of universal jurisdiction by states and the exercise of universal …

Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.

The President's Power To Pardon: A Constitutional History, William F. Duker

William & Mary Law Review

No abstract provided.