Friday, April 20, 2012

Dan Kobil on Judicial Review and Clemency

Dan Kobil is speaking at the St. Thomas School of Law, Commutation of Sentence symposium. Kobil believes the judicial system may be able to provide help for a system that is broken. Perhaps, for example, the requirements of the due process and equal protection clauses might be applied to the process. The recent events in Mississippi (Haley Barbour) brought the issue to the fore, albeit at the state level. Kobil agrees with Justice O'Connor that the clemency process might be regulated at least by minimal constitutional standards. Procedural restrictions are more likely to be welcomed than substantive restrictions. Likewise, attempts to demand decisions are not likely to be successful.

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