By Michael Caruso
Yesterday, at the behest of an 8th-grade civics class, Massachusetts lawmakers formally exonerated Elizabeth Johnson a mere 329 years after she was convicted of witchcraft and sentenced to death (thankfully, she was not executed). Johnson was 22 when she was caught up in the hysteria of the witch trials and sentenced to hang. Then-Gov. William Phips threw out her punishment, but while dozens of suspects officially were cleared, including her own mother, Johnson's name wasn't included in various legislative attempts to set the record straight. Until now.
Similarly, former President Trump used his pardon power to right very old wrongs, including the boxer Jack Johnson—convicted in 1913 of a Mann Act violation—and Susan B. Anthony—convicted in 1872 of voting fraud. (Although the Susan B. Anthony Museum rejected the pardon as she would have wanted).
The wrongly convicted and unduly punished should not have to wait that long. Currently, there are about 17,000 petitions for pardons and commutations pending. Critics like Professors Rachel Barkow and Mark Osler have assailed the modern use of the pardon power as "too often ignored or used to create calamities rather than cure them." They, along with others, recently testified at a House Oversight Committee hearing about our clemency system's issues.
And earlier this year, Attorney General Merrick Garland selected Elizabeth Oyer, a former federal public defender, and Mayer Brown partner as the U.S. Pardon Attorney. Ms. Oyer began her career as a law clerk for our very own 11th Circuit Court of Appeals Judge Stanley Marcus.
In this role, Ms. Oyer presides over the office that reviews and evaluates federal clemency applications. Earlier this month, several clemency advocates privately met with Ms. Oyer, "a rare occurrence that left them cautiously optimistic about forthcoming changes to a strained system."
For the clemency system to function, however, we need lawyers. Families Against Mandatory Minimums does excellent work recruiting, training, and assisting lawyers who want to lend a hand. It's never too late to right a wrong, but the sooner, the better.
And earlier this year, Attorney General Merrick Garland selected Elizabeth Oyer, a former federal public defender, and Mayer Brown partner as the U.S. Pardon Attorney. Ms. Oyer began her career as a law clerk for our very own 11th Circuit Court of Appeals Judge Stanley Marcus.
In this role, Ms. Oyer presides over the office that reviews and evaluates federal clemency applications. Earlier this month, several clemency advocates privately met with Ms. Oyer, "a rare occurrence that left them cautiously optimistic about forthcoming changes to a strained system."
For the clemency system to function, however, we need lawyers. Families Against Mandatory Minimums does excellent work recruiting, training, and assisting lawyers who want to lend a hand. It's never too late to right a wrong, but the sooner, the better.
Hopefully, we will see more pardons and commutations. Time will tell whether the new boss is the same as the old boss.
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