The title of this post is the title of this online panel scheduled for tomorrow and the second in a terrific series of online panels that will explore in depth the federal clemency powers. As I detailed in this prior post, this series is jointly organized by the Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law, the Collateral Consequences Resource Center, the Federal Sentencing Reporter, and the David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance at Villanova University Charles Widger School of Law.
A whole lot of folks are doing great work putting this series together, and Margaret Love merits extra praise for her efforts and for helping to assemble writings on these timely topics in Volume 33, Issue 5 of the Federal Sentencing Reporter (which largely provides the foundation for these panels). Here are more details about this first panel:
Tuesday, September 21, 2021 | 12:30 – 2:00 p.m. EDT | Zoom (register here)
This panel will look at supplementing, if not supplanting, the pardon power in performing functions that may be better performed by the courts. That is, should at least some of the pardon action be removed to the federal courts through statutory mechanisms to reduce prison sentences and restore rights and status? Judge John Gleeson will describe his firm’s Holloway project, which sought to reduce its clients’ lengthy prison terms through the sentence reduction authority in the First Step Act, and consider the extent to which this statutory mechanism should be used to take some of the burden off the pardon power. Professors JaneAnne Murray and Jack Chin will consider how federal law might be reformed to allow courts to grant pardon-like relief following completion of sentence, through the lens of two 2016 cases in which Judge Gleeson granted post-sentence relief to women he had sentenced more than a decade earlier. Judge Beverly Martin will consider the role of courts as dispensers of mercy, based on her experiences as a federal prosecutor, a federal trial judge, and a federal appellate judge. Did Trump’s departure from past pardoning practices pave the way for moving many of pardon’s functions into the courts, as most states have done?
This event is hosted by the David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance at Villanova University Charles Widger School of Law.
Jack Chin, Edward L. Barrett Jr. Chair of Law, Martin Luther King, Jr. Professor of Law, and Director of Clinical Legal Education, University of California, Davis, Law School
John Gleeson, attorney and former United States District Judge of the United States District Court for the Eastern District of New York
Judge Beverly Martin, U.S. Court of Appeals for the Eleventh Circuit
JaneAnne Murray, professor of practice, University of Minnesota Law School
Carter Stewart, executive vice president, Andrew W. Mellon Foundation, and former U.S. Attorney for the Southern District of Ohio