Judicial Restoration of Rights as an Auxiliary to the Pardon Power

Abstract

This essay outlines the pressing need for a robust use of pardon power to address the cascading consequences of criminal convictions. It argues that a scalable auxiliary to presidential pardon power is a legislative scheme that harnesses the federal court system to conduct individualized reviews and adjudications of petitions for the restoration of rights. In the digital age, where nothing can be truly forgotten, these judicial certifications of rehabilitation, coupled with clear prohibitions on considering criminal records, are the most effective way to address the profound collateral consequences of criminal convictions.

Clemency

“…Clemency can ensure proportional punishment by removing the effects of a conviction entirely in cases of actual innocence or where culpability is lacking or by reducing a sentence that is too harsh given the harm produced or the level of culpability involved or the sentences given to other participants in the crime (Kobil 2003). This is the most widely accepted rationale for clemency because this form is justice enhancing, which explains why some scholars argue it should be the only (Moore 1989) or at least the primary framing for its use (Cooper & Gough 2014, Kobil 2003.…”