Capital Law Professor Testifies on Clemency Power

November 6, 2003

Capital University Law School Professor Daniel T. Kobil will testify on how the clemency power can be revived before the American Bar Association's (ABA) Justice Kennedy Commission at George Washington University on November 12, 2003, from 2:00 to 3:30 pm. The Commission has been appointed by ABA President Dennis Archer to examine “the inadequacies and the injustices in the prison and correctional systems” raised by United States Supreme Court Justice Anthony Kennedy in his address to the ABA at its annual meeting in August 2003.

The Commission has been charged with preparing a report with policy recommendations by the ABA’s next annual meeting in August 2004. The areas of focus include mandatory minimum sentences, judicial discretion in sentencing, disparate sentencing rates among racial and ethnic groups, prison conditions, and the pardon process.

Kobil’s testimony will address whether the pardon process at the state and federal levels should be reinvigorated, looking at such issues as when and how the clemency power should be exercised.

Kobil is nationally recognized for his scholarship in the area of clemency, particularly as it relates to the death penalty. His work has been cited by various courts including the United States Supreme Court. He has authored numerous publications, including the articles The Quality of Mercy Strained: Wresting the Pardoning Power from the King; and Due Process in Death Penalty Commutations: Life, Liberty, and the Pursuit of Clemency and a book chapter entitled “The Evolving Role of Clemency in Capital Cases” in the death penalty anthology America’s Experiment With Capital Punishment. He is currently working on a book about the legal and policy issues surrounding the use of clemency in the United States. Kobil has appeared before the U.S. House Judiciary Subcommittee on the Constitution to testify on clemency. He also has testified as an expert witness before the Arizona Board of Executive Clemency on behalf of Randy Greenawalt. Kobil has been a professor of law at Capital University teaching in the areas of constitutional law, torts law, and commercial law since 1987.

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