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"The Demise of Mercy" now in print

By Douglas A. Berman

In this post last year I noted the thought-provoking piece from Rachel Barkow entitled "The Ascent of the Administrative State and the Demise of Mercy."  The piece is now in print as this essay in the latest issue of the Harvard Law Review, and here is the first part of the abstract:There are currently more than two million people behind bars in the United States.  Over five million people are on probation or some other form of supervised release.  Prisoners are serving ever-longer sentences.  Presidential and gubernatorial grants of clemency are rare events. The use of jury nullification to check harsh or overbroad laws is viewed by judges and other legal elites with suspicion. These are punitive, unforgiving times...continue to full post

Full post as published by Sentencing Law and Policy on March 25, 2008 (boomark / email).