Via LLRX.com – Clemency and The Vanishing Point of Decision Making – Ken Strutin begins his article stating that for the most part, the decision of whether to grant a pardon or commutation rests on the discretion of the executive. He continues, it is a constitutional authority that leaves little recourse if the President or a governor chooses not to act or to do so parsimoniously. He notes the downward trend in the granting of clemency begs the question of whether this is due to some fault in the process or in the decider or some other aggregation of factors. And he takes up the challenge of legal scholars and petitioners to speculate on whether there is any relief for a petrified constitutional remedy. Ken’s article highlights some notable decisions and scholarship about clemency practices and the legal theories underlying a mandate for its application. It is an important resource on a significant issue by a subject matter expert whose work continuously expands our understanding of complex issues related to civil liberties and the law.
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