FedSoc Forums

Legislating Clemency


Listen Later

The enactment of lengthy no-parole sentences and the atrophy of other statutory early release mechanisms has placed unusual demands on the clemency mechanism in recent years, notably in the federal system. Similarly, an increase in the number and severity of collateral penalties has made pardon the only way most people with a criminal record can pay their debt to society. As Enlightenment philosophers recognized, clemency was never intended to substitute for a well-functioning legal system. With all due respect to Alexander Hamilton, in today’s world it is questionable whether a politician is “a more eligible dispenser of the mercy of the government” than a court. -- The American Law Institute recently approved a revision of the sentencing articles of the Model Penal Code, the first such revision in 60 years. The revised MPC includes provisions intended to reduce the need for executiveclemency, in two ways. First, the MPC provides authority for courts to reduce prison sentences in situations where circumstances have fundamentally changed. Second, the MPC proposes a comprehensive scheme for managing the collateral consequences of conviction that makes courts the primary source of relief. Former U.S. Pardon Attorney Margaret Love, currently the Executive Director of the Collateral Consequences Resource Center, will discuss the merits and potential consequences of these proposed MPC reforms. -- Featuring: Margaret Love, Law Office of Margaret Love. Moderator: John Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation.
...more
View all episodesView all episodes
Download on the App Store

FedSoc ForumsBy The Federalist Society

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

83 ratings


More shows like FedSoc Forums

View all
FedSoc Events by The Federalist Society

FedSoc Events

87 Listeners

SCOTUScast by The Federalist Society

SCOTUScast

106 Listeners

Faculty Division Bookshelf by The Federalist Society

Faculty Division Bookshelf

8 Listeners

Cato Podcast by Cato Institute

Cato Podcast

975 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

674 Listeners

Law Talk With Epstein, Yoo & Cooke by The Civitas Institute at the University of Texas at Austin

Law Talk With Epstein, Yoo & Cooke

705 Listeners

We the People by National Constitution Center

We the People

1,111 Listeners

The Libertarian by The Civitas Institute at the University of Texas at Austin

The Libertarian

985 Listeners

RTP's Fourth Branch Podcast by The Federalist Society

RTP's Fourth Branch Podcast

28 Listeners

Necessary & Proper Podcast by The Federalist Society

Necessary & Proper Podcast

47 Listeners

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture by The Heritage Foundation

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

521 Listeners

The Remnant with Jonah Goldberg by The Dispatch

The Remnant with Jonah Goldberg

6,593 Listeners

What the Hell Is Going On by AEI Podcasts

What the Hell Is Going On

637 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,904 Listeners

The Dispatch Podcast by The Dispatch

The Dispatch Podcast

3,336 Listeners

Amarica's Constitution by Akhil Reed Amar

Amarica's Constitution

398 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

745 Listeners

Supreme Court Oral Arguments by scotusstats.com

Supreme Court Oral Arguments

41 Listeners