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79 Tex. L. Rev. 561 (2000-2001)
Normalizing the Federal Clemency Power

handle is hein.journals/tlr79 and id is 577 raw text is: Texas Law Review
Volume 79, Issue 3, February 2001
Articles
Normalizing the Federal Clemency Power
Brian M. Hoffstadt*
I.   The State of Federal Clemency Today ................. 569
A.   Clemency as a Tool of Corrective Justice ............ 572
B.   Clemency as a Tool of Fairness .................. 583
C.   Clemency as a Political Instrumentality ............. 588
II. Reforming the Pardon Power Through Regulation: General
Concerns   .................................. 591
A.   The Role of Clemency in the Separation of Powers ...... 592
B.   The Policy    Implications of   Regularizing   Executive
Clemency ................................ 596
1. The Benefits of Normalizing Clemency ........... 596
2. The Costs of Normalizing Clemency    ............ 600
3. The Effect of Reform on the Roles of Clemency ...... 608
* Assistant United States Attorney, Central District of California, U.S. Department of Justice.
The views expressed in this Article are the author's own, and do not necessarily reflect the views of
the Justice Department. The author would like to thank Gregory S. Chernack, Jonathan Meyer, Bill
Nardini, Robyn Thiemann, and Andrea Tisi for their insightful comments on earlier drafts of this piece.
This Article is dedicated to the author's colleagues and friends at Main Justice, and especially in the
Office of Policy Development.

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