Forgiveness & the Law: Executive Clemency & the American System of Justice

Wednesday, April 10, 2002
8:30 a.m. - 5:00 p.m.
Capital University Law School
303 E. Broad St., Columbus, Ohio

Co-sponsored by the Capital University Law Review and the Moot Court Board

Approved for 5.5 complimentary Continuing Legal Education 
credits.

There is no cost to attend this symposium; however, registration is required.

Clemency, with its roots in the pardoning prerogative of the British monarchy, has long been a vital part of every justice system in the United States. Wielded primarily by presidents and governors, clemency has been used in a myriad of ways: to heal the wounds of a nation divided by war, to reward extraordinary service to the community, to soften overly harsh punishment, to free the innocent, and to forgive those who have fully paid their debt to society.

Despite its importance, clemency could today be in danger of vanishing as a meaningful power of the executive. For example, in his first year in office, President Bush considered nearly 900 requests for clemency and denied every one, suggesting a philosophy that clemency should be granted seldom, if ever. Such views are not uncommon and might be traced, in part, to controversies that have plagued the exercise of the clemency authority, such as the public outcry sparked by former President Bill Clinton's pardon grants shortly before he left office. 

However, atrophy of the clemency authority may also be attributable to a tension between our conception of mercy, which lies at the heart of the clemency power, and the notion of justice that animates our legal system. Mercy is integral to most philosophical, ethical, and religious conceptions of justice. Yet in legal circles, it is debatable whether mercy is a factor that may be considered in any decision about crime and punishment. Mercy strikes many, both in the legal profession and in society generally, as arbitrary, subjective, and thus illegitimate. 

This Symposium on Forgiveness and the Law brings together a distinguished group of presenters for the purpose of exploring the proper role of clemency in the American system of justice. What are the philosophical justifications and assumptions underlying the exercise of clemency? Is forgiveness a proper goal of clemency, and if so, may someone other than the victim of an offense forgive? How can the administration of clemency be improved to assure that the goals society desires to achieve through clemency are realized? Do political constraints on the exercise of the power assure accountability in its exercise, or distort its use? What role should the press play in monitoring or influencing the exercise of clemency by public officials? These and many other questions will be examined by a distinguished panel of scholars, practitioners, journalists, and public officials at a Symposium that is proudly sponsored by the Capital University Law School, the Capital University Law Review, and the Moot Court Board. 

This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 5.5 CLE credit hours, including 0 hours in ethics, 0 hours in substance abuse, and 0 hours in professionalism instruction.