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American Civil Liberties Union - NJ Foundation Inc.

12/16/2024 | Press release | Distributed by Public on 12/16/2024 12:27

ACLU-NJ Celebrates First Releases from State Prison Under its Clemency Project

The ACLU of New Jersey today celebrates the announced release of three people from state prison as the first group to be granted commutations by Governor Murphy under the organization's Clemency Project, an initiative to encourage the use of categorical clemency to examine holistic injustices that have impacted groups of people and consider relief for each person within the identified class. In addition, Governor Murphy granted pardons to 33 people.

"We launched the Clemency Project as part of our enduring vision to end mass incarceration in New Jersey, and as our clients are granted clemency today, our state has shown it values second chances," said ACLU-NJ Executive Director Amol Sinha. "Thanks to Governor Murphy's leadership, more New Jerseyans than ever before are eligible for expedited review of their petitions requesting commutations and pardons. New Jersey has made strides in reducing our prison population, but we can do more. Our state has a responsibility to do all it can to address the harms caused by the criminal legal system - and that includes leveraging categorical clemency at a scale not seen in New Jersey history."

The Clemency Project was launched in February 2024 with a focus on petitioning for the release of incarcerated survivors of domestic violence and those who are serving sentences impacted by extreme trial penalties - a reference to people who are serving significantly longer sentences because they opted to exercise their constitutional right to a trial rather than agreeing to a prosecutor's plea offer.

"To administer justice more fully, the criminal legal system must move toward solutions that prioritize human dignity and peoples' lived experience," said ACLU-NJ Director of the Clemency Project Rebecca Uwakwe. "In adopting a categorical approach to clemency, New Jersey is finally creating opportunities for incarcerated survivors of domestic violence to receive the consideration they deserve. We're grateful Governor Murphy has extended clemency to our clients as an important step forward as our state builds a future that can redeem our past."

In New Jersey, survivors of domestic violence are too often punished by the criminal legal system. Frequently, incarcerated survivors of family or intimate partner abuse who have experienced deep physical, sexual, and psychological harm, are imprisoned for defending themselves against their abuser or because they were coerced into committing a crime alongside their abuser. But when faced with a criminal legal system that is overly punitive and dangerously deficient in assessing instances of trauma, survivors are arrested and unjustly sentenced for actions without context of their lived experience.

Dawn Jackson and Denise Staples were granted clemency today - both are survivors of domestic violence and are represented by the ACLU-NJ.

Ms. Jackson, a survivor who faced abuse starting at the age of 5, was sentenced to 30 years for fatally stabbing one of her abusers, without consideration of the abuse she had endured. "I'm grateful for the chance to give back and instill empowerment into the lives of those who have been affected as I once was. I thank Governor Murphy for this opportunity to do more good and live freely as the resilient woman I have become," said Dawn Jackson.

Ms. Staples, a survivor who declined a plea deal of 14 years and chose to go to trial asserting self-defense after fatally stabbing her abuser during an assault, received an excessive trial penalty of 60 years. "I'm so glad that I survived my past, when so many did not. I truly believe I have been rehabilitated and am ready to have a normal life - something I never had the chance to have. I have dedicated my time in prison to better my life, and thank Governor Murphy for giving me this second chance at life," said Denise Staples.

The ACLU-NJ also celebrates Myrna Diaz, another survivor granted clemency today who independently submitted her petition to the Governor's office and was later represented by the organization.

"The carceral system has devastated communities and deepened racial inequities across the country. By adopting a categorical approach to clemency, Governor Murphy has shown that New Jersey is committed to addressing systemic injustice, both past and present. I'm proud to see New Jersey do its part in prioritizing people over punishment," said Jason Flom, Co-Founder and CEO of Lava Media and Lava for Good Podcasts, and founding supporter of The Clemency Project.

The ACLU-NJ launched the Clemency Project to mitigate injustice and reconnect people who are incarcerated with their families and communities. New Jersey has the nation's highest racial disparities among its prison population, which makes categorical clemency an invaluable tool that is fundamental to racial justice and essential in repairing the harms of mass incarceration.

"It is deeply rewarding to witness the first round of clemency releases in New Jersey," said Public Defender Jennifer Sellitti. "Governor Murphy's groundbreaking clemency initiative aims to right the wrongs of unjust and overly harsh sentences, while also acknowledging the powerful potential for human redemption. We look forward to working with our partners at ACLU-NJ to ensure that those we serve continue to receive consideration as part of this important work."

As part of the Clemency Project, ACLU-NJ attorneys and their pro bono partners are identifying and meeting with currently incarcerated potential clients, reviewing case files, and authoring petitions for release. The ACLU-NJ is dedicated to continuing New Jersey's decarcerative success and building a fairer, more equitable future for all.