Tuesday, March 16, 2010

Twilight of the Pardon Power?

Former U.S. Pardon Attorney Margaret Colgate Love has a forthcoming article (Journal of Criminal Law and Criminology) now available at SSRN entitled "The Twilight of the Pardon Power." Love looks at pardoning practices in the 19th and early 20th centuries, a time when the pardon power played an important operational role in the federal justice system. She then describes how pardon evolved into parole, and after 1930 came to be used primarily to restore rights of citizenship. The article then examines the reasons for pardon’s decline in the 1980s and its collapse in the Clinton Administration. Finally, she argues that President Obama should want to revive the power, and suggests how he might do it. See full article here.

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