Document Type
Article
Publication Title
Rutgers Journal of Law & Public Policy
Abstract
Founding Father and Federalist Paper author Alexander Hamilton opined that “clemency was vital to temper the harshness of criminal codes because ‘without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.’” Hamilton and his contemporaries understood the need for a justice system that balanced strict enforcement of the law with the ability to recognize individual circumstances and extend compassion where warranted. Without the ability to make exceptions for people who are guilty but nonetheless deserving of compassion, the justice system would appear excessively harsh, violent, and unkind. The justice system in the United States has certainly been categorized as all those things in the centuries since Hamilton; in light of mass incarceration, systemic inequities, and overly punitive sentencing policies, the current state of the system is seemingly grounded in an unyielding pursuit of punishment over fairness or any other penological goal. At the federal or state level, clemency is one small tool that could provide some merciful balance.
There are many arguments against clemency, for example, undermining the rule of law, theperception of unfairness, impact on victims, and the potential for abuse, among others. As an advocate serving incarcerated individuals with their clemency petitions, I have experienced the challenges and flaws present in our system and specifically when it comes to advancing a clemency petition within the Commonwealth of Massachusetts. Part I of this Article will provide an overview of clemency at the federal level, highlighting some of the ways that clemency has been pulled into the national spotlight during the most recent transfer of executive power. This section will also detail arguments against clemency, which are applicable at the federal and state level. Next, the Article will describe how this system works within Massachusetts specifically. Part II of this Article will explore clemency as a tool to remedy systemic inequities, something that can be "actively humanizing and forward looking." Finally, Part III of this Article will detail some of the practical challenges an attorney or applicant may encounter working with an incarcerated individual petitioning for clemency.
First Page
207
Last Page
246
Publication Date
Spring 2025
Recommended Citation
Stevie Leahy, The Prerogative of Mercy: Assisting Clemency Clients in Massachusetts, 22 Rutgers J. of L. & Pub. Pol'y 207 (2025).
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