Wednesday, November 23, 2016

Obama finally ramped up on clemency in second term, but not nearly enough

As President Obama's total sentence commutations surges past 1,000, it's worth remembering two things. First, just four years ago, his clemency record was so poor that Pete Ruckman at Pardon Power and your correspondent launched a campaign urging him to pardon deceased writer O. Henry to highlight his stinginess on pardons, which were then at near-historic lows under his presidency. Though the application was denied long ago, Ruckman is still carrying that banner!

Second, as evidenced by this graphic produced by Prof. Ruckman, the president's application of executive clemency has been puny and reticent compared to the reality of federal overincarceration:

In that light, not so much to get excited about, huh? Mark Osler, formerly a law prof at Baylor, now at the University of St. Thomas, had an op ed this week urging the President to ramp up his end-of-term clemency to historic levels. And as Pete Ruckman reminded the president as he oversaw his final turkey pardoning, it still wouldn't hurt him to pardon O. Henry.

MORE: From Ruckman on Obama's clemency legacy.


Anonymous said...

Obama is doing his best to work on his term papers the night before they are due thanks to his sharp focus on golf. Take for example his Medal of Freedom ceremony recently. It's as if he forgot he issues those but finally had an oh yeah, moment so that all the great stars were jammed in together. Disgraceful. His own brother supported Trump because as he said, "My brother didn't help me at all."

Bill Habern said...

Obama has taken steps to afford clemency to a substantial number of federal inmates who became victims of being overserved by federal sentencing guidelines. There are offenders who deserve long term sentences. However, in Texas we have a habit of overserving defendants with sentences that exceed reason. Clemency actions include both sentence reductions (a very rare event in Texas, as well as pardons, also a rare event in Texas)

By my count last fiscal year the Texas Governor only afforded 4 pardons, and the parole board only recommended 12 applications out of hundreds of those who applied for pardons. Of those 4 pardons granted, my recollection us that not one of them ever set foot in a Texas prison to serve even a day of punishment. Most did a few days in jail. I suggest there is something seriously wrong with this. In my 45 years of dealing with prison and parole legal issues I have encountered many ex mistake, and have gone on to become remarkable citizens. In such cases society offenders who in their youth did something stupid, paid the price for their should reward such persons by affording pardons thus welcoming them back into the fold of productive society. The Parole board (who must recommend a pardon to the Governor) and the Governor both know that a pardon does forgive, but it does not forget that one has a past record. That means in Texas one who has been pardoned, if he/she ever again runs afoul of the law. does not escape that pardoned offense from being used in any later criminal violation to enhance the new punishment if convicted. Yes, once pardoned, if ever again convicted that offense which was pardoned will again be used to add to the punishment of the person so pardoned.

It seems the extreme decline of pardons (particularly in Texas) arose from the political fear created by the old Willy Horton prison furlough many years ago during the time of a hot political contest. Horton was not pardoned, but rather given a prison furlough and while released, he killed a person The issue became a political issue that cost a Democrat candidate the election. Actually, the statistics I know of reflect such an incident is extremely rare. Well vented offenders who are granted pardons seldom reappear on some criminal docket, and most go on to be extremely positive and productive citizens

Texas leads the nation in state prison inmate numbers. I would think there are plenty of those inmates who deserve to be given serious consideration for a pardon, however why apply for one when the Governor of the state has established a policy to avoid such recognition of a successfully reformed individual. I would like to think we have a more forgiving society.

Bill Habern
The Habern Law Firm
Houston, Texas

Josh said...

I believe my prior post might have been deleted so I'll kindly repost.

Let's not forget Obama was nominated for the Nobel Peace Prize within a few weeks of inauguration so if he is willing to accept such an award with little to absolutey no merit, he is likely to issue similar such acts (clemency, medals of freedom, etc) with little to no merit.

Bill - The standard in Texas is very high for pardons and rightfully so. Maybe too high...yes, but in the area in which it should remain.

Gritsforbreakfast said...

Josh, your post was deleted because it was off topic partisan bullshit that has no place here. If you want to engage with others about the topic of the post, fine. If you want to complain about Obama's Nobel, or who got the MOF, or other off-topic issues, that's what Twitter is for.