A Prisoners POV on New Jersey’s Clemency Initiative

On Juneteenth, New Jersey Governor Phil Murphy signed Executive Order No. 362. New Jersey’s clemency initiative is geared towards providing relief from the inequalities that exist in New Jersey’s criminal justice system.

The executive order sets out certain categories of clemency applications that will receive expedited review by the newly appointed Clemency Advisory Board. The categories include individuals who are serving sentences that reflect an excessive trial penalty, victims of domestic violence or sex trafficking who are incarcerated for committing a crime against their perpetrator, and pardoning for certain non-violent convictions if they have remained out of the system for a sufficient amount of time.

“As we celebrate Juneteenth and reflect on our nation’s ongoing journey toward racial justice for Black and Brown Americans, I am proud to sign this Executive Order to help address inequities and unfairness in our system of justice in New Jersey,” Governor Murphy said at a packed Black Methodist church in Newark during the signing ceremony.

As news spread about the Governor’s order — which has the potential to release hundreds of people from prison — a wave of hope swept through the land of the dejected. My home: New Jersey State Prison.

In my conversations with fellow lifers, I heard a flicker of hope that had been extinguished decades ago. Finally, men like Kory McClary — who was sentenced to 120 years in prison — might now have the chance to have his excessive sentence commuted to a reasonable amount of time by the Governor.

A trial penalty, more commonly referred to as a “trial tax” is when a defendant is given a harsher sentence because the defendant chose to reject the prosecution’s plea agreement and go to trial, wasting judicial and prosecutorial resources involved in a trial.  Jamie Centeno is a prime example of this. He was offered a plea deal of 20 years but, because he chose to go trial, they “taxed” him with a sentence of life in prison. Hopefully, the Governor will grant Mr. Centeno’s clemency application and commute his sentence too. He has currently served 16 years.

The Executive Director of the National Association of Criminal Defense Lawyers, Lisa Monet Wayne, explained, “By recognizing and addressing the severe impact of coercive plea bargaining and extreme trial penalties, the Governor is upholding the principles of fairness and justice. We strongly encourage him to go further and fully utilize his clemency powers to provide relief to those serving disproportionately long sentences simply for exercising their constitutional right to trial.”

Executive clemency is nothing new. New Jersey’s Constitution has always provided the governor the authority to grant commutation and pardons for those convicted of state crimes. However, because they are rarely granted, incarcerated individuals rarely file clemency petitions.

Skeptics believe the order is more of a political ploy than a genuine reprieve for aggrieved individuals, pointing out that the governor is up for reelection in November. Since signing this executive order, his approval rating among democratic voters has increased.

Executive Director of The Sentencing Project, Kara Gotsch, believes “second look” legislation is more effective than executive clemency. In its comprehensive analysis titled, “The Second Look Movement: A Review of the Nation’s Sentence Review Laws,” “Second Looks” allow courts to consider other mitigating factors such as the person’s age at the time of the offense and the length of time they have been incarcerated.

“Research has clearly established that lengthy sentences do not have a significant effect on crime, and they divert resources from effective public safety programs. Nevertheless, existing parole systems, like executive clemency, are ineffective at curtailing excessive sentences in most states due to their highly discretionary nature, lack of due process and oversight, and lack of objective consideration standards,” Gotsch explained.

The Murphy Administration is making an effort to establish New Jersey as one of the most progressive criminal justice systems in the nation. Let’s wait and see how many people he actually pardons before we crown him supreme liberator.

I am surrounded daily by men who have been sentenced to death by incarceration. These brothers have served decades and they deserve second chances. Now in their 60s and 70s, what type of quality of life should they expect in society? Without the opportunity for a second look or a pardon, many will die in prison, myself included.

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Shakeil Price
#200947-C/#666160
NJSP
P.O. Box 861
Trenton, NJ 08625

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