The Rise and Fall of Post-Trial-Is It Time for the Legislature to Give Us All Some Clemency?

摘要

Though the statistics show that convening authorities grant clemency, the rate may not equal the percentage the appellate courts find are deserving of some relief.219 Much of the relief the courts of criminal appeals contemplate, however, is due to post-trial processing concerns.220 If the status quo continues, the appellate courts may be an accused's best chance for relief. A review of the post-trial process from its inception through its executive, legislative, and judicial development reveals that the process has strayed from what the drafters originally intended. The convening authority's power initially needed guarding, but as the military justice system matured, this need-along with the need for extensive post-trial convening authority involvement-has diminished. The appellate courts have shown that they are capable of dispensing justice by usurping clemency authority. Though there are cases where a convening authority may be better suited to exercise true clemency, these cases are few, and the appellate courts would be just as able. The appellate courts' frustration with the process and attempts to exert influence over the system have signaled the need for another wide-sweeping, legislative overhaul of the post-trial system.