RETHINKING FEDERAL CLEMENCY: A Case for Establishing an Independent Advisory Board to Provide Equitable Outcomes to Those Wronged by the Criminal Justice System

Abstract

The United States is currently facing an incarceration crisis. Due to the War on Drugs, many have been sentenced to prison for life, and have no way to improve or change their sentence. Not only does this burden fall disproportionally on minority populations, but it does not align with the goal of the criminal justice system to “rehabilitate offenders”. Federal clemency has the potential to provide second chances to those who have been wronged by the system, but for it to be effective, the process needs to be improved. This thesis will work to answer the question: How can the federal clemency process and the Office of the Pardon Attorney be improved to provide justice to those who have been wronged by the criminal justice system while minimizing the risks of potential presidential abuses of power? Through examining the current process, statistical analysis of the outcomes, interviews, and the specific case of the Obama Initiative, it is concluded that establishing an Independent Advisory Board would improve outcomes of federal clemency and help shift the focus of criminal justice from retribution to rehabilitation.