President Biden’s Extensive Clemency Initiative Acknowledged as Crucial Progress
On Thursday, President Biden made a significant clemency announcement, marking a notable shift in the approach to the U.S. criminal justice system. This initiative has been seen as a step towards addressing the punitive nature of current judicial practices. Despite this progress, many still await clemency, with the White House indicating ongoing reviews of further options for relief.
The president’s clemency measures included commuting sentences for approximately 1,500 individuals who were on home confinement due to the Covid-19 pandemic, having reintegrated into their communities. Additionally, 39 individuals with nonviolent crime convictions received pardons.
The Cares Act of 2020 facilitated home confinement for medically vulnerable inmates to mitigate Covid-19 risks, as those incarcerated faced a 3.4 times higher death rate compared to the general population. The success of this program suggests potential for expanding home confinement without endangering public safety.
The U.S. Constitution empowers the president with unilateral clemency authority to grant pardons and commute sentences for federal offenses, as outlined in Article II, Section 2. The president “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
Biden, during his campaign, committed to strengthening justice and reforming the criminal justice system, as detailed in his pledge. Exercising clemency more broadly could ensure a lasting impact of his justice policies.
As of January 20, Donald Trump will have the capability to reverse many of the current administration’s policies, including reinstating the federal death penalty. However, clemency actions remain irreversible. Advocates are urging Biden to extend clemency to those serving disproportionately harsh sentences, including over 40 individuals on federal death row and more than 6,000 with racially disparate drug convictions.
Data from 2013 to 2018 shows that Black and Hispanic men composed about 75 percent of federal drug offense prisoners. The federal death penalty system is criticized for its uneven application influenced by geographic, racial, and legal representation disparities. Individuals with severe intellectual and mental health challenges also face execution risks despite protections from Supreme Court rulings.
The Brennan Center advocates for more frequent use of clemency as a vital instrument of mercy, contributing to a fairer justice system. To support this initiative, individuals can add their voice here.
