Dear Friends,
Tuesday is election day. You know what’s at stake. Democracy, decency, free speech, censorship, fairness, women’s reproductive rights, health care, freedom, historical accuracy — it’s all on the line.
So is justice.
Consider the death penalty. Trump is aggressively pro-death penalty. When he was president, he revived the federal death penalty after a 17-year hiatus, and then executed 13 people before he left office. And let’s not forget that Trump, when he was a civilian, demanded that New York reinstate the death penalty so that the “Central Park Five,” a group of young black and brown teens charged with a brutal assault in Central Park, could be sentenced to die and executed. They were innocent. He has repeatedly demanded the death penalty for non-violent offenses and recently called for the death penalty for any “migrant” who kills a U.S. citizen.
In contrast, Harris has expressed her opposition to the death penalty.
Of course, there’s so more than the death penalty at stake in this election. The next elected president will also have the power to pardon people.
When used properly, the pardon power can correct errors and injustices that happen in the criminal legal system. But the presidential pardon power can also be abused, giving free reign to a president — and his or her loyal followers — to engage in whatever illegal behaviors they may choose, secure in the knowledge that there will be no accountability for their actions. At the risk of sounding dramatic, the misuse of the president’s pardon power could dismantle our system of checks and balances, the bedrock principle on which our democracy is based. Our presidential choices matter deeply.
On Wednesday, November 5th at 7PM, I’ll be at the best independent bookstore Watchung Booksellers with law professor Kim Wehle, talking about her new book Pardon Power: How the Pardon System Works—and Why.
It’s the day after the election — an essential time to drill down on the issues, like presidential pardons, that can shape our democratic future. Register here to join us for what is sure to be a fascinating and sometimes frightening conversation.
In podcast news, I’ve been publishing a new episode of Just Justice every other Tuesday. In October, I spoke with author Ben Austen about his fabulous book Correction on parole and second chances. And I had the opportunity to talk with Hillary Blout, a former prosecutor and founder of the national non-profit For the People, who believes that prosecutors can play a pivotal role in second chances for people serving long sentences in prison.
In the next episode of Just Justice, out on Tuesday, I talk with law professor Susan Bandes, a leading pioneer in the field of law and emotion, about the role of remorse in the legal system. I know I might be biased since it’s my show, but I think you are going to really enjoy this one. Don’t say I didn’t give you something good to listen to while waiting for the polls to close!
If you’ve liked what you’ve heard on Just Justice, please tell a friend, rate it, review it, follow it, and share. And if you haven’t yet had a chance to listen, give it a try. You can find Just Justice wherever you get your podcasts.
Happy voting, everyone!
Stay safe and well,
Jessica