Governor Issues New Clemency Guidelines for Criminal Justice System BOSTON – Governor Maura T. Healey released new clemency guidelines that align with her administration’s commitment to center fairness and equity in the criminal justice system.
These guidelines are designed to provide guidance to petitioners seeking pardons or commutations and to assist the Advisory Board of Pardons with reviewing petitions for executive clemency. For the first time in state history, the clemency guidelines explicitly outline the ways in which the Governor will use executive clemency to address unfairness and systemic bias in the criminal justice system.
When evaluating clemency petitions, Governor Healey will consider factors such as the petitioner’s age at the time of the offense, health, post-offense behavior, race, ethnicity, gender and sexual identity, as well as whether they are a survivor of sexual assault, domestic violence or human trafficking.
Governor Healey is also recommending two more individuals for pardons – Robert Miller and Eric Nada. She has now recommended 13 individuals for pardons in her first 10 months in office, and the first 11 have previously been approved by the Governor’s Council.
“Clemency is an important executive tool that can be used to soften the harsher edges of our criminal justice system. I am proud to release these new clemency guidelines that will center fairness and equity by taking into consideration the unique circumstances of each individual petitioner and the role of systemic biases,” said Governor Healey. “We are also committed to ensuring that victims’ voices are heard every step of the way. Together with the strong partnership of the Advisory Board of Pardons and Governor’s Council, we can make Massachusetts safer, stronger and fairer for everyone.”
The new guidelines outline three primary guiding principles that the Governor will focus on when considering clemency petitions:
- The Governor views executive clemency as a means of addressing unfairness in the criminal justice system. As such, she will consider whether issuing clemency would address a miscarriage of justice and if continued incarceration would constitute gross unfairness. Some examples include evaluating the severity of the sentence received in relation to sentences received by defendants in similar situations, the extent of the petitioner’s participation in the offense, and intervening changes in the law. The Governor will also take into account the persistence of racial disparities in the criminal justice system and their root causes, as well as the persistence of stigma, bias, and systemic inequality. No petitioner will be required to prove racial bias or other discrimination in their criminal case to support a request for clemency.
- The Governor will use executive clemency to ensure accountability with compassion. She will consider the nature and circumstances of the offense, including the impact of the crime on victim(s) and society, science-based evidence, and the age, maturity, and intellectual abilities of the petitioner at the time of the offense. The Governor’s consideration of these factors will be informed by research, such as studies tending to show when the parts of the brain that control behavior become fully developed and how the process of development impacts behavioral decision making.
- The Governor will consider the character and behavior, particularly post-offense behavior, of the petitioner. The Governor will view character as a collection of actions over time. She will consider the petitioner’s efforts at improvement, rehabilitation or reintegration into society, and assess whether the petitioner will pose a risk to public safety. She will give significant consideration to petitioners who have clearly demonstrated that they accept responsibility for their past actions, made restitution to victim(s), participated in restorative justice or other similar programs, provided substantial assistance to law enforcement in the investigation or prosecution of other more culpable offenders and/or contributed to society through military or other public service in the military, good conduct that is helpful to others or charitable work. She will not give negative consideration to petitioners who pursue an appeal or other legal challenge to their convictions or cannot afford to pay restitution. The Governor will also weigh the effect of continued incarceration on the petitioner or continued maintenance of a criminal offense on the petitioner’s record.
The Governor of Massachusetts has the power to grant executive clemency for offenses violating state law with the advice and consent of the Massachusetts Governor’s Council. Massachusetts law recognizes two separate clemency powers. A pardon has the effect of treating the petitioner as if the offense had never been committed. A commutation of a sentence has the effect of releasing a petitioner from an ongoing sentence of incarceration.
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