Biden's Acts of Clemency Raise Awareness of the Power and Embolden Those Seeking a Second Chance, Villanova Law Professor Says

Jan 17, 2025

3 min

Just before the holiday season, as he entered his final month as President of the United States, Joe Biden announced that he would be granting clemency to roughly 1,500 American citizens. The clemency acts, which included sentence commutations for individuals placed on home confinement during the pandemic and pardons for 39 individuals with non-violent offenses, were touted by the administration as the most ever in a single day in modern history. A month later, on January 17, he commuted the sentences of roughly 2,500 individuals convicted of non-violent drug offenses, shattering December's mark and giving him the most pardons and commutations of any president in United States history.


The unprecedented size of the actions has been underscored throughout The White House’s press materials and has headlined most subsequent news coverage. But for Anton Robinson, JD, associate professor of law and director of Villanova’s Caritas Clemency Clinic in the Charles Widger School of Law, the importance of the clemency went far beyond the impressive scale.


“Acts like these bring much needed awareness to the clemency process, and to the epidemic of excessive sentencing in United States courtrooms,” Professor Robinson said. “At our clinic, we are already having people call to ask about opportunities for pardons and additional support for their cases.”


Public perception of presidential acts of clemency can, at times, be marred by partisan divisiveness. To some, these latest acts were overshadowed by President Biden’s earlier pardon of his son, Hunter, and eyes are already on incoming President Trump regarding how he might handle those charged in relation to the January 6 insurrection. Professor Robinson acknowledges that acts like these can cause people to “rightfully question the power that is being used,” but those are the outliers, not the norms, and steer the conversation away from the root purpose of clemency.


“People deserve a second chance,” Professor Robinson said. “There’s a tendency for system actors to focus primarily on the crime committed when considering whether a person’s sentence should be cut short. But many are different people today—sometimes decades later—than they were at the time of the crime’s commission.


“There is also no shortage of individuals in prison for whom a charge doesn’t tell the whole story. For example, a young person’s involvement in a crime, while sufficient for a legal conviction, might be weighed differently today, given increasing acceptance of scientific research on the portion of the human brain which controls decision-making, impulse control and executive function. Research shows all of that continues to develop well into adulthood.”


Determining who fits the criteria for clemency, Professor Robinson says, is not always easy to do. Collecting records of good behavior that illustrate change while in a carceral setting is much more difficult than collecting records of bad behavior. That’s why entities like the Caritas Clemency Clinic, in which Villanova Law students work directly on behalf of such clients under Professor Robinson’s guidance, spend so much time talking to anyone who has had a relationship with the incarcerated person.


“What we often find is that despite being incarcerated and having very little given opportunity, these individuals make their own opportunities to build community and rich relationships and try their best to contribute to society in a positive way,” Professor Robinson said.


A military veteran who helped church members in poor health perform tasks. A nurse who spearheaded COVID vaccination efforts and natural disaster response. A counselor who helps guide youth away from destructive behavior and involvement with gangs. Those are the types of actions Professor Robinson references, all of which were highlighted specifically in the White House’s fact sheet for President Biden's December acts, just before the words “The United States is a nation of second chances.”


“I'm hoping that these large acts of clemency encourage folks to think, ‘Hey, what about my loved one? What about me? I am a completely different person than I was 20 years ago, what can I do to try to secure my freedom and my ability to live the life that I've missed out on?’” Professor Robinson said. “It really is a great opportunity to remind ourselves that people are far better than the worst things that they've ever done, and that we have an opportunity to acknowledge that as a society and to encourage more of this action, both on a federal and state level.”


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Philadelphia’s Independence Hall has long occupied an outsized place in the American imagination. The space where the Continental Army was established, the Declaration of Independence adopted and the United States Constitution ratified, the site was once described by President Abraham Lincoln as the source “where were collected together the wisdom, the patriotism, the devotion to principle, from which sprang the institutions under which we live.” In July, these hallowed grounds will yet again take center stage, as the country observes its semiquincentennial, or America250, celebration. 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