Tuesday, October 4, 2016

Osler: Finish the Race!

At The Hill, Prof. Mark Osler recommends that the Obama administration consider re-directing its focus in the matter of end-of-term clemency. Specifically he recommends some ways to "expedite" the clemency process by identifying "relatively easy cases" :
For example, those convicted of non-violent crack offenses who did not get the benefit of a 2010 law lowering the sentences for that kind of crime could be quickly spotted, screened for prison behavior, and given clemency. 
Osler also recommends "attention" be given to
... those who those whose cases triggered career offender provisions through prior non-violent drug crimes, or cases where mandatory minimums were triggered by such priors. 
Osler says the Department of Justice could simply request data from the Sentencing Commission, which has a staff with "the ability to quickly assemble the numbers." He also notes the clemency process should observe "a quick proxy for prison behavior,"
Those who have behaved well will have worked their way down to medium or low-security facilities.
See full editorial here.

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