Biden Clemency Grant: A Bold Leap Towards Criminal Justice Reform

By Darius Spearman (africanelements)

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Biden’s Historic Clemency Grant: A Step Towards Dismantling Systemic Racism

In a bold move taking on racial injustice, President Biden granted clemency to nearly 1,500 people. This is the largest single-day grant in recent times and marks a major change in criminal justice reform. The clemency targets unfair systems harming Black and Brown communities for years.

Breaking the Chains of Mass Incarceration

This clemency is more than a kind gesture. It aims to reduce mass incarceration. It commutes sentences for those on home confinement during the pandemic and pardons 39 for non-violent crimes. It challenges the justice system’s harshness towards communities of color.

The impact of this clemency is immense. It rejects harsh policies that fill prisons with Black and Brown individuals. The White House stated President Biden is, “Providing Clemency for Nearly 1,500 Individuals on Home Confinement and Pardons for 39 Individuals Convicted of Non-Violent Crimes.” This initiative focuses on lives restored, not just statistics.

Understanding Clemency: Pardons and Commutations Explained

To grasp the importance of President Biden’s actions, it’s helpful to understand what clemency means. Clemency is a broad term that refers to the mercy shown by a leader towards someone convicted of a crime (Study.com). It includes both pardons and commutations.

A pardon is an act of forgiveness that restores rights taken away due to a conviction. It doesn’t erase the conviction, but it signals that the person is forgiven and can move forward with their life (Study.com). On the other hand, a commutation reduces a person’s sentence. It doesn’t remove the conviction but lessens the punishment, allowing for earlier release (Study.com).

By granting clemency, the President is offering a second chance to those who have shown rehabilitation. This approach challenges strict sentencing laws that have unfairly affected marginalized communities. Furthermore, it shifts the focus from punishment to healing and reintegration.

Unpacking Systemic Racism in Criminal Justice

Systemic racism refers to the policies and practices ingrained in institutions that result in unequal outcomes for different racial groups. In the criminal justice system, this means laws and procedures that disproportionately impact Black and Brown people (United Nations Report).

What Is Systemic Racism?

Systemic Racism: The embedded policies and practices in institutions that unfairly affect certain racial groups. Unlike individual prejudice, it exists within systems like law enforcement and courts. Recognizing systemic racism is key to addressing inequalities in justice and other areas.

For instance, people of African descent face higher arrest rates and harsher sentencing compared to others (United Nations Report). Additionally, historical policies like mandatory minimum sentences have led to a surge in incarceration rates among minorities (Vera Institute). Understanding these issues helps in crafting solutions that promote fairness.

The CARES Act and Its Role in Clemency

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed in 2020, allowed certain inmates to serve their sentences at home to reduce COVID-19 risks in prisons (ACLU Press Release). Thousands benefited from this provision, finding jobs and reconnecting with families while on home confinement.

However, there was uncertainty about their future once the pandemic ended. President Biden’s clemency grant commuted the sentences of those on CARES Act home confinement, allowing them to remain in their communities permanently (ACLU Press Release). This action acknowledges their rehabilitation and the positive contributions they are making.

Considering the Impact on Communities

Granting clemency doesn’t just affect individuals; it benefits entire communities. When people return home, they can support their families, contribute to the economy, and participate in community life (ACLU Press Release). This strengthens social bonds and promotes healing in areas that have been disrupted by mass incarceration.

Moreover, reducing incarceration rates can alleviate the overcrowded prison system and conserve resources. Investing in communities rather than prisons leads to better outcomes for society as a whole. Consequently, clemency serves as a tool for not only correcting injustices but also for fostering community well-being.

Looking Ahead: Challenges and Implementation

While these clemency actions mark progress, over 9,400 petitions are still under review. The process involves careful consideration of each case by the Office of the Pardon Attorney (Study.com). Factors like rehabilitation, nature of the offense, and support from the community play a role in decisions.

Moving forward, the administration faces challenges such as political opposition and systemic barriers within the justice system (United Nations Report). Advocacy groups continue to push for reforms, emphasizing the need for ongoing efforts to address embedded inequalities (ACLU Press Release). Although the path ahead is challenging, sustained action can lead to lasting change.

Rehabilitation Over Retribution: A Shift in Focus

This clemency shows changing views, focusing on rehabilitation over punishment. Many receiving clemency had sentences harsher than today’s standards. Recognizing past wrongs is key to fighting systemic racism in our justice system.

Categorical Pardons: Addressing Historical Wrongs

President Biden’s clemency addresses more than individual cases. He issued pardons for simple marijuana offenses, targeting laws that unjustly criminalized Black communities. He also pardoned LGBTQI+ service members affected by past discriminatory policies.

These pardons challenge unfair policies used to marginalize groups, recognizing systemic oppression and trying to root it out.

The Road Ahead: Continued Efforts and Challenges

While historic, this clemency is just a start. The administration plans more actions with over 9,400 petitions in queue. This process shows the problem’s depth and the need for continuous bold steps.

Andrea James, an advocate for incarcerated women, stresses clemency as vital for racial and gender justice. She notes how incarceration hits Black women hard, demanding more inclusive reform efforts. Her views show the layered nature of systemic injustice.

A Call to Action for Racial Justice

Biden’s clemency grant doesn’t just alter policy. It directly challenges the racism in the justice system. By focusing on second chances and fixing unequal sentencing, it begins undoing oppression impacting generations of Black and Brown people.

However, this is not the end of the fight for fairness. It calls for ongoing resistance to white supremacy that remains in our society. As we mark this achievement, we must deepen our commitment to end systemic racism everywhere, from the courtroom to classrooms and beyond.

The journey to real justice is ongoing, but this clemency act shows change is possible when systemic racism is addressed. It reminds us that each challenge to old norms brings us closer to fairness and equality.

FAQ

Q: What is the significance of President Biden’s clemency grant?
A: The clemency grant is a historic action that challenges systemic racism and represents the largest single-day grant of clemency in modern history, affecting nearly 1,500 individuals.

Q: Who benefits from this clemency grant?
A: Individuals who were placed on home confinement during COVID-19 and 39 individuals convicted of non-violent crimes are among those benefiting from this initiative.

Q: How does this clemency grant address systemic racism?
A: The grant acknowledges past injustices and aims to dismantle oppressive structures in the criminal justice system that have disproportionately affected Black and Brown communities.

Q: What are categorical pardons, and why are they important?
A: Categorical pardons issued by President Biden target specific offenses, such as simple marijuana possession, recognizing and addressing historical injustices against marginalized groups.

Q: What’s next after this clemency grant?
A: The Biden administration plans to continue clemency actions, with over 9,400 petitions currently under review, indicating a sustained commitment to addressing systemic issues in criminal justice.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.