Mass Pardons in America


Book Description

Again and again in the nation’s history, presidents of the United States have faced the dramatic challenge of domestic insurrection and sought ways to reconcile with the rebels afterward. This book is the first comprehensive study of how presidential mass pardons have helped put such conflicts to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country. He analyzes how presidents have used both deeds and words—proclamations of mass pardons and persuasive rhetoric—in order to foster political reconciliation. The book features in-depth case studies of the key instances of mass pardons in U.S. history, beginning with George Washington’s and John Adams’s pardoning participants in armed insurrections in Pennsylvania in the 1790s. In the nineteenth century, James Buchanan, Benjamin Harrison, and Grover Cleveland issued pardons to Mormon insurrectionists and polygamists, and Abraham Lincoln and Andrew Johnson pardoned Confederates both during and after the Civil War. Most recently, Dodds considers Gerald Ford’s clemency and Jimmy Carter’s amnesty of Vietnam War resisters. Beyond exploring these events, Mass Pardons in America offers new perspectives on the president’s pardon power, unilateral presidential actions, and presidential rhetoric more broadly. Its implications span fields including political history, presidential studies, and legal history.




Mass Pardons in America


Book Description

This book is the first comprehensive study of how presidential mass pardons have helped put domestic insurrections to rest. Graham G. Dodds examines when and why presidents have issued mass pardons and amnesties to deal with domestic rebellion and attempt to reunite the country.




The Unitary Presidency


Book Description

The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government’s vast executive branch. It thus justifies the president’s prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution – and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.




Hegemony or Survival


Book Description

From the world's foremost intellectual activist, an irrefutable analysis of America's pursuit of total domination and the catastrophic consequences that are sure to follow The United States is in the process of staking out not just the globe but the last unarmed spot in our neighborhood-the heavens-as a militarized sphere of influence. Our earth and its skies are, for the Bush administration, the final frontiers of imperial control. In Hegemony or Survival , Noam Chomsky investigates how we came to this moment, what kind of peril we find ourselves in, and why our rulers are willing to jeopardize the future of our species. With the striking logic that is his trademark, Chomsky dissects America's quest for global supremacy, tracking the U.S. government's aggressive pursuit of policies intended to achieve "full spectrum dominance" at any cost. He lays out vividly how the various strands of policy-the militarization of space, the ballistic-missile defense program, unilateralism, the dismantling of international agreements, and the response to the Iraqi crisis-cohere in a drive for hegemony that ultimately threatens our survival. In our era, he argues, empire is a recipe for an earthly wasteland. Lucid, rigorous, and thoroughly documented, Hegemony or Survival promises to be Chomsky's most urgent and sweeping work in years, certain to spark widespread debate.




Sentencing Law and Policy


Book Description

A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm




Theaters of Pardoning


Book Description

From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.




A Knock at Midnight


Book Description

LOS ANGELES TIMES BOOK PRIZE FINALIST • NAACP IMAGE AWARD NOMINEE • A “powerful and devastating” (The Washington Post) call to free those buried alive by America’s legal system, and an inspiring true story about unwavering belief in humanity—from a gifted young lawyer and important new voice in the movement to transform the system. “An essential book for our time . . . Brittany K. Barnett is a star.”—Van Jones, CEO of REFORM Alliance, CNN Host, and New York Times bestselling author Brittany K. Barnett was only a law student when she came across the case that would change her life forever—that of Sharanda Jones, single mother, business owner, and, like Brittany, Black daughter of the rural South. A victim of America’s devastating war on drugs, Sharanda had been torn away from her young daughter and was serving a life sentence without parole—for a first-time drug offense. In Sharanda, Brittany saw haunting echoes of her own life, as the daughter of a formerly incarcerated mother. As she studied this case, a system came into focus in which widespread racial injustice forms the core of America’s addiction to incarceration. Moved by Sharanda’s plight, Brittany set to work to gain her freedom. This had never been the plan. Bright and ambitious, Brittany was a successful accountant on her way to a high-powered future in corporate law. But Sharanda’s case opened the door to a harrowing journey through the criminal justice system. By day she moved billion-dollar deals, and by night she worked pro bono to free clients in near hopeless legal battles. Ultimately, her path transformed her understanding of injustice in the courts, of genius languishing behind bars, and the very definition of freedom itself. Brittany’s riveting memoir is at once a coming-of-age story and a powerful evocation of what it takes to bring hope and justice to a system built to resist them both. NAMED ONE OF THE BEST BOOKS OF THE YEAR BY KIRKUS REVIEWS




America’s New Racial Battle Lines


Book Description

A sobering portrait of the United States’ divided racial politics. For nearly two decades, Rogers M. Smith and Desmond King have charted the shifting racial policy alliances that have shaped American politics across different eras. In America’s New Racial Battle Lines, they show that US racial policy debates are undergoing fundamental change. Disputes over colorblind versus race-conscious policies have given way to new lines of conflict. Today’s conservatives promise to protect traditionalist, predominantly white, Christian Americans against what they call the “radical” Left. Meanwhile, today’s progressives seek not just to integrate American institutions but to more fully transform and “repair” pervasive systemic racism. Drawing on interviews with activists, surveys, social network analyses, and comprehensive reviews of federal, state, and local policies and advocacy groups, Smith and King map the memberships and goals of two rival racial policy alliances and delineate the contrasting stories each side tells. They also show that these increasingly polarized racial policy alliances are substantially funded on both the Left and Right. Placing today’s conflicts in theoretical and historical perspectives, Smith and King analyze where these intensifying clashes may take the nation in the years ahead. They highlight the great potential for mounting violence, as well as the remaining possibilities for finding common ground.




Revoked


Book Description

"[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.




When Should Law Forgive?


Book Description

“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.