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Clemency tends to make philosophers of punishment uncomfortable, whatever their predilections. For retributivists it is problematic because it threatens equality of treatment and introduces disproportionality. For utilitarians it is problematic because it involves a departure from what would best serve society. A mandatory sentence for murder moves the
Ian O'Donnell
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2017
‘Clemency’ refers to a reduction, by politicians, in the severity of punishments lawfully imposed by judges. It includes reprieve, commutation, remission, pardon, and amnesty. A considerable amount can be learned from the primary sources about the attributes of those to whom clemency was shown and how they differed from those who were executed in terms
exaly +2 more sources
‘Clemency’ refers to a reduction, by politicians, in the severity of punishments lawfully imposed by judges. It includes reprieve, commutation, remission, pardon, and amnesty. A considerable amount can be learned from the primary sources about the attributes of those to whom clemency was shown and how they differed from those who were executed in terms
exaly +2 more sources
2022
This chapter offers a brief institutional history of McCloy’s 1950 Advisory Board on Clemency for German War Criminals as a case study in how the best of intentions and hopes for “American Justice” could succumb to muddled bureaucratic mandates, questionable operating procedures, and a flawed understanding of the law that blurred the lines between an ...
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This chapter offers a brief institutional history of McCloy’s 1950 Advisory Board on Clemency for German War Criminals as a case study in how the best of intentions and hopes for “American Justice” could succumb to muddled bureaucratic mandates, questionable operating procedures, and a flawed understanding of the law that blurred the lines between an ...
+4 more sources
SSRN Electronic Journal, 2015
A trope heard throughout criminal justice circles today is that the system is a dystopia. Although most of the discussion and proposed remedies have centered on sentencing or release, this article focuses on clemency, which has become a controversial subject.
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A trope heard throughout criminal justice circles today is that the system is a dystopia. Although most of the discussion and proposed remedies have centered on sentencing or release, this article focuses on clemency, which has become a controversial subject.
openaire +1 more source
President Trump's Clemency Record: Extraordinary or Just Ordinary?
Presidential Studies Quarterly, 2022Jeffrey Crouch
exaly
Justifying Leniency at a Time of Punitiveness: Federal Clemency Narratives in the United States
Punishment and Society, 2023Erika Canossini
exaly

