LAW-8070 Understanding Clemency: Law and Practice in Massachusetts
This course explores the concept of clemency within the context of the Massachusetts legal system. Clemency, including pardons and commutations, represents a critical tool for addressing issues of justice, rehabilitation, and mercy in the criminal legal system. Students will examine the historical evolution of clemency, its constitutional and statutory foundations, and the practical procedures involved in seeking clemency in Massachusetts. Key topics include:The legal framework for clemency under the Massachusetts Declaration of Rights.The roles and responsibilities of the Governor and the Advisory Board of Pardons.Criteria and processes for granting pardons and commutations and analysis of recent clemency cases that were successful.Contemporary debates on clemency, including its use in addressing wrongful convictions, disproportionate sentencing, and systemic inequities.Comparative analysis of clemency practices in other states and at the federal level.The current state of incarceration in Massachusetts, including trends in prison population growth, disparities in sentencing in Massachusetts, and racial and socioeconomic inequities and their implications for justice.Through case studies, guest speakers, and critical analysis, students will gain an in-depth understanding of clemency as both a legal mechanism and a reflection of broader societal values. The course will also explore the ethical considerations and challenges faced by those petitioning for clemency, as well as the decision-makers tasked with evaluating such requests.Students will be guided to focus on a particular area within the curriculum and develop a paper topic, which will form the basis for a 10-page paper (in lieu of a final exam). This course is ideal for students interested in criminal law, constitutional law, and public policy, as well as those seeking to understand the intersection of law and human compassion.Legal Writing Requirement Option: For students seeking to fulfill the legal writing requirement, you have the option of submitting a 20-page paper. You must let Professor Leahy know by the time of your research presentation whether or not you are electing this option. Note that this will require more work than the 10-page option described above. This also requires you to meet with Professor Leahy at least once outside of regular class hours to discuss your plan for fulfilling this requirement.Learning Objectives Supported by this Course: 302(A), 302(B), 302(C)Requirements: Attendance, Participation, All Canvas Readings and Assignments, 10-page paper to be developed during the 6 weeks (or optional 20-page paper for the LR requirement, if selected).Grading Breakdown:Participation: 10%Presentation of Paper Topic to Class: 20% Research Summary for Paper: 20%Final Paper: 50%