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.This course will include practice skills related to interaction with the DOC, visiting incarcerated prisoners as an attorney, and drafting petitions. This course will also provide the opportunity to have class conversations about the competing viewpoints surrounding a tool like clemency in the Commonwealth and nationally.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.
Offered
Intersession, Spring Law