Article II, section 2, clause 1 of the federal Constitution gives the president “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” In recent days, involving the transition of the federal government, we have heard a lot about pardons and commutations. There was significant criticism of the outgoing president for pardoning family members and political figures, without any charges pending against them, out of fear of reprisal for criticism and action taken against the former and then-incoming president, and there was criticism of the new president for pardoning 1,500 people accused of storming and committing violence in the Capitol incident to the certification of the 2020 presidential election on Jan. 6, 2021. Criticism also was addressed to the fact that the Attorney General was not asked by either president to review at least some of the cases of offenders granted pardons or commutations of sentence as protocol and past practice required. The pardon authority granted by the Constitution is seemingly unreviewable, and without limitation, but criticism of the recent use of pardons and computations is worthy of note and consideration.

Few people realize that Article V, section 2, paragraph 1 of the New Jersey Constitution provides that “the Governor may grant pardons and reprieves in all cases other than impeachment and treason, and may suspend and remit fines and forfeiture. A commission or other body may be established by law to advise the Governor in the exercise of executive clemency.” Last year, by executive order, Gov. Phil Murphy created a Clemency Advisory Board to review applications for pardons and commutations, and in December, the governor announced the first grants of pardons and commutations during his administration.

In announcing the 33 pardons and three commutations, Murphy indicated that he was “ensuring that New Jersey is the state for second chances” and that he would continue in the final year of his administration to embrace “a fair, impartial, and balanced approach for granting legal relief to New Jerseyans who have earned a second chance.“ Lt. Gov. Tahesha Way indicated that the criminal justice system “is not just about punishment, it is also about rehabilitation and second chances.”

By executive order, the governor established the Clemency Advisory Board to review and provide recommendations on each application for pardon and commutation. Pardons were granted to offenders convicted of nonviolent crimes who have remained free from the criminal justice system for at least ten years and commutations were given to individuals whose sentences were deemed excessive, or if they were victims of domestic or sexual violence. In each case there was outreach to victims for comments and to others to assure there were support services for those still alive and competent.

We believe that the New Jersey procedure, employed by Murphy, is exactly what the constitutional provisions regarding pardons and commutations were designed to achieve. We salute his implementation of the constitutional authority and urge the presidents going forward to consider the system that we have successfully implemented in New Jersey. Adherence to established and neutral procedures would help bring much-needed credibility to the pardon process, and help stop the usage pardons and commutations as a political tool.