Gov. Phil Murphy recently enacted ambitious and transformative, yet commonsense, criminal justice reforms at a time when many other states, especially left-of-center “blue” states, and the federal government are stuck on this issue.
Through an executive order overhauling the state’s clemency system, Gov. Murphy set New Jersey on a course to dramatically streamline and expedite the process of reviewing and correcting injustices. Traditionally, clemency has been a highly individualized, case-by-case endeavor. The new process recognizes injustice as systemic and takes a groundbreaking categorical approach, still relying on thorough individualized review but expediting and prioritizing it for groups against which the system has either perpetuated or failed to remedy an injustice.
As a result, thousands of New Jerseyans serving time in prison or or probation or parole now have an expedited path to freedom.
The governor also established New Jersey’s first Clemency Advisory Board, an independent commission that would review clemency cases impartially and reduce the political pressures that often limit executive mercy. This board embraces perspectives from people of diverse backgrounds, including the advocacy community, defense bar, those with deep legal expertise in overturning injustices, and formerly incarcerated individuals with firsthand experience in rehabilitation and redemption.
As advocates, we have successfully fought for clemency changes and bold, smart criminal justice reforms in more than a dozen states and at the federal level.
New Jersey’s new clemency review process is an important step forward for the state’s criminal justice system. But more than that, it is also a potent model for national change that other governors and the White House should replicate.
New Jersey will now expedite clemency review for categories of injustice that have long persisted.
Recognizing the complex realities of victimization and putting an important focus on survivors caught in the justice system, particularly women who have been overlooked for too long, the new process will prioritize review for victims of domestic, physical, or sexual violence who committed a crime against their abuser or whose abuser coerced them into criminal activity.
Too often, those facing criminal charges confront an impossible choice: accept an unfair plea deal or risk a potentially more draconian sentence at trial. Now, cases in which a defendant chose to decline a plea deal and exercise their constitutional right to a trial by jury only to be hit with a steep “trial penalty” that deviates from the norm for that offense will be prioritized.
Cases referred by the prosecutors offices’ Conviction Integrity Units will be fast-tracked, providing a mechanism to expedite the correction of wrongful convictions or other serious miscarriages of justice.
Lastly, thousands of people are currently incarcerated or under supervision for offenses that have since been decriminalized or would be subject to reduced sentences under updated laws. If sentenced today, these individuals would face significantly shorter terms or none at all. The new approach creates an opportunity to swiftly correct that injustice.
Gov. Murphy’s clemency reforms also recognize that the impact of a criminal record extends far beyond the completion of a sentence and introduces additional criteria for expedited review of pardons for those who have already served their time. Individuals over 60 years of age, those whose crimes were committed when they were younger than 25, and those who have remained crime-free for 10 years will be eligible, acknowledging research and empirical evidence on neuroscience, recidivism and rehabilitation.
By establishing clear categories for the expedited review of commutations and pardons along with an independent advisory board, New Jersey has created a system that is more just and more efficient. It is also grounded in evidence and best practices in rehabilitation and reform, demonstrating that it is possible to balance public safety concerns with the principles of justice and mercy.
What does this mean for New Jerseyans? It means countless deserving incarcerated individuals and those on probation or parole will have a fair shot at making the case for their freedom. Thousands more with past criminal records will have a fair shot at a fresh start. Although meeting these criteria does not guarantee clemency, it does ensure expedited consideration and an impartial review based on individual merits that takes into account an individual’s progress toward rehabilitation. It also means that we have another mechanism to safely reduce unnecessary incarceration and supervision, and give people an opportunity to integrate into society, to work and have fruitful lives.
Gov. Murphy declared that New Jersey is becoming the “state of second chances.” We wholeheartedly agree and hope that this smart, innovative approach to clemency will inspire similar reforms at both the state and national level. By addressing systemic injustices and providing pathways to redemption, we can work toward making not just New Jersey, but our entire country, a place of second chances.