A questionable pardon’s deeper resonance
For some Americans, President Joe Biden’s decision to pardon his son Hunter is just more evidence that justice in America is arbitrary and privileged, no matter who is in power. Others saw it as a necessary preemptive step against the vengeful threats of the incoming administration.
Those opposing viewpoints, however, fail to capture how Americans feel about the values that pardons reflect. In fact, there’s plenty pointing to a steadily rising tide of empathy, compassion, and mercy, particularly among younger Americans. That public mood coincides with growing interest among some U.S. governors to rethink how their states balance punishment and clemency.
Much of this shift is driven by a desire to avoid cynicism about human behavior. “We can keep paying attention to callousness, cruelty, and immorality,” notes Jamil Zaki, a psychology professor and author of the new book “Hope for Cynics: The Surprising Science of Human Goodness.”
“But we can also balance that perspective by looking for kindness and care in the people around us. The data is clear: There’s plenty of that, too,” he wrote in Vox in April.
In Massachusetts, Gov. Maura Healey has granted more pardons in her first two years in office than any of her predecessors in 40 years. Gov. Mike Parson of Missouri has granted more than 600 since taking office in 2021. Alabama has enacted new rules to expunge adult convictions. In June, New Jersey launched clemency reforms “to balance accountability with benevolence.”
“Clemency is an important executive tool that can be used to soften the harsher edges of our criminal justice system,” Governor Healey said when she set out to renew clemency in a state where pardons were rare.
A YouGov survey in August showed a significant increase in public support for pardons in the 50 years since President Gerald Ford pardoned his disgraced predecessor, Richard Nixon. But it also captured what Americans find important. Nearly 3 in 4 (74%) opposed presidents pardoning family members (Mr. Biden is the fourth president to do so). Even more (78%) want mandatory public explanations for every act of executive forgiveness.
Mr. Biden’s decision may only deepen the desire among Americans for greater accountability and equality in questions of justice. Yet the decision reflects a father’s love for a prodigal son and the perceived need to strike a departing chord of mercy. As the nation debates the president’s decision, it should also note that many states are adopting expanding views of human possibilities, or those times when mercy can season justice.
