President Biden’s Clemency Initiative Marks a Significant Shift in Criminal Justice Policy
In a decisive move towards addressing the punitive measures within the U.S. criminal justice system, President Biden has granted clemency to nearly 1,500 individuals. This historic action, announced on Thursday, highlights ongoing efforts to correct systemic injustices, though it acknowledges that more work remains. The White House underscored that the president is actively considering additional clemency cases.
The recent clemency includes the commutation of sentences for around 1,500 individuals who were on home confinement due to the Covid-19 pandemic, along with pardons for 39 people convicted of nonviolent offenses. This measure aligns with the provisions of the Cares Act of 2020, which allowed those at medical risk to serve part of their sentences at home, reducing exposure to the virus that resulted in a prison death rate 3.4 times higher than the general population.
Under the U.S. Constitution, the president holds unilateral clemency power, enabling him to pardon or commute federal sentences, a power enshrined in Article II, Section 2. President Biden’s campaign included a commitment to reforming the justice system, emphasizing the importance of utilizing clemency to ensure enduring policy changes.
As President-elect Donald Trump prepares to assume office on January 20, he has indicated intentions to revert several current policies, including reinstating the federal death penalty. However, acts of clemency are irreversible, motivating calls for Biden to extend clemency further, particularly to those on federal death row and individuals serving racially disparate drug sentences.
From 2013 to 2018, data shows that Black and Hispanic men constituted about 75 percent of the federal prison population for drug-related offenses. The application of the federal death penalty has been criticized for geographic, racial, and legal representation disparities. Additionally, individuals with severe intellectual disabilities and mental illnesses, despite Supreme Court protections, remain vulnerable to federal execution.
The Brennan Center for Justice advocates for more frequent use of clemency as a crucial tool for ensuring a just legal system. They invite public support for this initiative, which can be expressed here.
