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How about some clemency grants, Prez Biden, to really honor vets in need on Veterans Day?

By Douglas Berman

On Veterans Day, I often find myself thinking about veterans who, after serving our country in the military and thereby supporting our nation’s commitment to liberty and freedom, return home to discover the hard way that these constitutional values are not always paramount in our modern criminal justice systems.  The Council on Criminal Justice (CCJ) has created a Veterans Justice Commission which has done a lot of extraordinary work in this space, and I have linked below some prior posts on CCJ’s important efforts to spotlight the wide array of issues at the intersection of military service and criminal justice systems.  For example, this recent CCJ report highlights what (little) we know about justice-involved veterans: 

Approximately one third of veterans indicate that they have been arrested at least once in their lifetime, but that statistic relies on self-reported data.  In addition, the most recent estimate of incarcerated veterans comes from 2011; it identified 181,500 veterans in state and federal prisons and local jails.  These two findings underscore an unfortunate truth: reliable data on justice-involved veterans and the circumstances surrounding their criminal offending is sorely lacking.

Usefully, the most recent CCJ report focused on veterans gives attention to some of my favorite topics, second-look sentencing and clemency, to advocate on behalf of the veteran incarcerated population:

Within this push for second looks, little has been done to consider opportunities for incarcerated veterans to request resentencing based on facts related to their military service.  California is an exception.  In 2022, the legislature passed a penal code amendment that allows veterans suffering from one or more specified service-related conditions to seek resentencing….

Beyond resentencing, the consideration of military service might also be extended to the parole, pardon, and clemency processes, where it is often overlooked.  By not fully and formally considering military service as part of release decisions, crucial context may be missed, potentially denying veterans opportunities for parole, pardon, or clemency.

As the title of this post highlights, I would like to see President Biden operationize this recommendation today by using his historic clemency powers to salute at least a few veterans in federal prison with commutations and at least a few veterans who are out of federal prison with pardons.  There is much chatter these days about to whom Prez Biden might grant clemency on his way out and to whom Prez-Elect Trump might grant clemency on his way in, and yet it seems only “high-profile” crimes and criminals are getting much attention.  That reality is not suprising, but it is still quite disappointing on a Veterans Day when we all should know that there are plenty of low-profile veterans who surely merit clemency consideration.

Prior related posts: