Re:Elizabeth Holmes is sentenced to more than 11 years for f...
by TimTheTinker on Saturday November 19, 2022 @01:00PM
(#33672727)
I'd still argue there ought to be a clemency system that is entirely outside the authority of the judicial branch.
Yes, such a system could be (and has been) abused, but given the power the judicial side has (and how that power can be abused) there has to be a system in place that checks the judicial system's power over individuals. This check prevents over-corruption in the judicial system to an extent.
The point is to not allow any branch of government to gain too much power - a "separation of powers".
People who are guilty of a crime and prosecuted fairly under the law should generally serve their sentence. Exceptions to that are best managed by an independent and transparent tribunal who can give principled reasons for commuting specific sentences, for example a prisoner serving a very long term has undergone a genuine moral transformation and is now safe to release, or changes in society have rendered prosecutions of a certain time and place anachronistic and unjust be modern standards.