Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

8/4/2014 (2 years ago)

Catholic Online (www.catholic.org)

Constitution does not guarantee inmates the right to legal representation in such procedures

In yet another setback for the Obama administration, a plan to extend clemency to thousands of prisoners was quelled last week after the agency that oversees the federal courts said that hundreds of federal public defenders as well as other court-appointed attorneys were not authorized to represent inmates in the process.

Ideal candidates for clemency would have been nonviolent, low-level drug offenders without significant ties to large-scale criminal organizations.

Ideal candidates for clemency would have been nonviolent, low-level drug offenders without significant ties to large-scale criminal organizations.

Highlights

By Catholic Online (NEWS CONSORTIUM)

Catholic Online (www.catholic.org)

8/4/2014 (2 years ago)

Published in Politics & Policy

Keywords: Clemency, Constitutional law, Obama administration, non-violent offenders


LOS ANGELES, CA (Catholic Online) - Laid out in a memorandum written by the top lawyer for the Administrative Office of the Courts, the ruling effectively forbids lawyers from drafting or submitting clemency petitions. The U.S. Constitution does not guarantee inmates the right to legal representation in such procedures.

"There is no Sixth Amendment right to counsel for purposes of seeking executive clemency and no statutory right, except in capital cases . there is no authority under the CJA [Criminal Justice Act] or other law to appoint counsel in non-capital clemency proceedings," General Counsel Robert Loesche wrote In a memo circulated to federal defenders and the chief judges of all U.S. district and appellate courts.

SAVE Iraqi Christians from Genocide --

Under that particular interpretation, federal defenders, whose salaries are paid by the government, and court-appointed private attorneys, who receive federal reimbursement when they are called in for service, could not legally be paid for representing clemency candidates.

It's definite setback for a coalition of legal and advocacy groups that acted of the Justice Department's behest to lead the clemency effort. The decision was heralded as a cornerstone of the administration's criminal justice reform agenda.

It would sideline many lawyers who have come to know their clients' cases intimately over years of work, requiring them to turn over the task of filing clemency petitions - which draw on a prisoner's personal and legal history - to new attorneys.

The administration's clemency drive since January has relied heavily on the defense bar to carry out its vision, with the federal defenders assuming a lead role.

Underlying the clemency drive was the discrepancy in sentences thousands of federal inmates are currently serving, as well as those they would have faced had they been arrested and tried under today's prosecuting and sentencing reforms. The clemency effort would address concerns of fairness by shortening those sentences as well as alleviating the budgetary strain of the large federal prison population.

Ideal candidates for clemency would have been nonviolent, low-level drug offenders without significant ties to large-scale criminal organizations. They would also have had to serve at least 10 years of their prison sentences, not have a significant history of crime or violence and have demonstrated good conduct in prison.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2016 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for SEPTEMBER 2016
Universal:
Centrality of the Human Person: That each may contribute to the common good and to the building of a society that places the human person at the center.
Evangelization: Mission to Evangelize: That by participating in the Sacraments and meditating on Scripture, Christians may become more aware of their mission to evangelize.



Comments


More Politics & Policy

Deacon Keith Fournier: Why I Accepted the Invitation to the Catholic Advisory Group of the Trump Campaign

Image of Donald Trump, Presidential candidate of the Republican Party. Hillary Clinton, Presidential candidate of the Democratic Party.

By Deacon Keith Fournier

I am a Catholic Christian seeking to apply the principles of the Social teaching of my Church to my political, economic and social participation.I offer a few examples of how I have approached evaluating the two candidates for the Presidency of the United States ... continue reading


Globalism is a demonic agenda and Hillary Clinton is a globalist. No good Christian can support an evil movement Watch

Image of Bill Clinton is an avowed globalist. The Clinton Foundation operates with a globalist philosophy and Hillary Clinton will continue to promote her globalist agenda as president.

By David Drudge (CALIFORNIA NETWORK)

A major difference in the presidential election is the never-discussed, but all important clash between globalism and nationalism. LOS ANGELES, CA (California Network) - Hillary Clinton is a globalist. Her husband, Bill Clinton was legendary for introducing America to ... continue reading


Planned Parenthood prepares to attack Gov. McCrory and state Republicans Watch

Image of Planned Parenthood is attacking the people and governor of North Carolina in hopes of winning the state for Clinton.

By Marshall Connolly (CALIFORNIA NETWORK)

North Carolina is a battleground state and Planned Parenthood is about to spend millions on a media blitz intended to give Hillary Clinton the lead. LOS ANGELES, CA (California Network) - Planned Parenthood wants to be inside your womb and your restroom. The anti-life ... continue reading


Faith was barely mentioned at the debate - Should Catholics be worried? Watch

Image of Why wasn't faith mentioned during the debate?

By Matt Hadro (CNA)

There were few direct statements about faith by the two presidential candidates in Monday's debate. But that is not necessarily a cause for worry, Catholic analysts said. Washington D.C. (CNA) - Monday's event was only "the first of three presidential debates," noted ... continue reading


DEVELOPING: Was Clinton wearing a secret device during the debate? Evidence emerges Watch

Image of Was Hillary Clinton still using a hearing device or something else during the debate?

By David Drudge (CALIFORNIA NETWORK)

Was Hillary Clinton wearing a medical device during her debate with Donald Trump? A series of pictures has emerged that show her wearing a device of some sort. The device appears to be a microphone, but there are some questions that can be raised. LOS ANGELES, CA ... continue reading


Clinton and Trump clash in first debate - and a BIG prediction is made Watch

Image of Both candidates were cordial the before and after the debate, but these exchanged sharp accusations during the debate. Trump appeared more reserved than his usual self.

By Marshall Connolly (CALIFORNIA NETWORK)

Clinton and Trump faced off in their first presidential debate. Most experts are saying Clinton won the debate, but the informal online polls all award the debate to Donald Trump. Trump appeared strong yet angry, while Clinton appeared poised. The debate is the first ... continue reading


A Catholic guide to Clinton and Trump - which candidate is closer to the Church in their stated positions? Watch

Image of With 20 percent of the population, Catholics represent a major voting bloc in the United States.

By Marshall Connolly (CALIFORNIA NETWORK)

Tonight Hillary Clinton will debate against Donald Trump in the first of three presidential debates. There are plenty of debate previews to read, but none are tailored for Catholics. What should Catholics look for in tonight's debate? LOS ANGELES, CA (California ... continue reading


SMART MOVE: Donald Trump appoints 33 Catholic leaders to advise him on policy matters Watch

Image of

By Marshall Connolly (CALIFORNIA NETWORK)

Donald Trump has named a list of 33 Catholics to a Catholic Advisory Group to offer him ongoing policy recommendations on matters of concern to Catholics and other Christians. Included on the list is Deacon Keith Fournier, the Editor in Chief of Catholic Online. LOS ... continue reading


Donald Trump commits to fight abortion! Letter sent to Pro-Life leaders Watch

Image of Donald Trump has described his position as

By Catholic Online

Donald Trump has issued a statement to pro-life leaders explaining his plans to protect and preserve the lives of our most vulnerable citizens. As leaders in this fight, we would like to share his words with you in our community. Please keep the unborn in mind ... continue reading


What Wells Fargo did to you, how Senator Warren is defending you, and why the Law Code of Hammurabi is better than our pathetic system of justice today Watch

Image of Elizabeth Warren skewered Wells Fargo CEO John Stumpf during a Senate inquiry over the massive fraud perpetrated by the company.

By Marshall Connolly (CALIFORNIA NETWORK)

Senator Elizabeth Warren tore into Wells Fargo CEO John Stumpf, who claims he is "accountable" for a massive scam that impacted millions of the bank's customers. However, Stumpf has not resigned, returned any money, or faced criminal prosecution. LOS ANGELES, CA ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

Daily Readings

Reading 1, Job 42:1-3, 5-6, 12-16
1 This was the answer Job gave to Yahweh:2 I know that you are ... Read More

Psalm, Psalms 119:66, 71, 75, 91, 125, 130
66 Teach me judgement and knowledge, for I rely on your ... Read More

Gospel, Luke 10:17-24
17 The seventy-two came back rejoicing. 'Lord,' they said, 'even the ... Read More

Saint of the Day

Saint of the Day for October 1st, 2016 Image

St. Therese of Lisieux
October 1: Generations of Catholics have admired this young ... Read More