Mark Osler

Last updated
Mark Osler
Born1963 (age 6061)
NationalityAmerican
Occupation(s)Scholar, lawyer, professor, author
Known forJesus on Death Row
Mark Osler.png

Mark William Osler (born 1963) is an American legal scholar and a former state and federal prosecutor. Osler currently serves as a law professor at the University of St. Thomas School of Law in Minneapolis, Minnesota, holding the Robert and Marion Short Distinguished Chair in Law at St. Thomas and the Ruthie Mattox Chair of Preaching at First Covenant Church, Minneapolis. [1] He began work as a law professor at Baylor University [2] in 2000 before leaving for St. Thomas in 2010. [3] At St. Thomas, he founded the nation's first law school clinic on federal commutations, [4] and he has advocated for an expansive use of the presidential pardon power. [5] His work has been profiled by The American Prospect , [6] Rolling Stone [7] and CBS News. [8]

Contents

Background, education and early career

Born in Detroit, Michigan, Osler's family later moved to Grosse Pointe Shores, Michigan. He attended Grosse Pointe North High School, where he worked on the school newspaper with future AP White House reporter Ron Fournier. [9] He subsequently matriculated at the College of William & Mary, graduating in 1985. [10] Osler received his J.D. from Yale Law School in 1990 and clerked for District Court Judge Jan E. DuBois for the United States District Court for the Eastern District of Pennsylvania before returning to Detroit. There, he worked from 1992-1995 for the law firm of Dykema Gossett, and then as an Assistant United States Attorney from 1995-2000.

Baylor Law School (2000-2010)

Osler's scholarship and advocacy at Baylor focused on capital punishment and narcotics policy. Some of Osler's work addressed sentencing issues involving crack cocaine. [11] In 2009, Osler won the case (through a 6-3 summary and per curiam decision) of Spears v. United States [12] in the United States Supreme Court, which reversed the Eighth Circuit and clarified a prior sentencing decision, declaring that sentencing judges could "categorically" reject the 100-to-1 ration between powder and crack cocaine which was then embedded in the federal sentencing guidelines. The character of "Professor Joe Fisher" in the film American Violet is based on Osler's work with the ACLU and former student David Moore in confronting unjust crack prosecutions in the city of Hearne, Texas. [13] While at Baylor, Osler published Jesus on Death Row (Abingdon, 2009), [14] which critiques capital punishment in the United States through an examination of the biblical account of Jesus Christ's trial and execution.

Osler was named the 2009 Wacoan of the Year. [15]

University of St. Thomas School of Law (2010-present)

Moving to St. Thomas in Minneapolis, Minnesota, Osler's work moved increasingly towards clemency. He was chosen as "Professor of the Year" in 2016, 2019, and 2022.

Following up on Jesus on Death Row, between 2011 and 2014, Osler and collaborators produced a dramatic [16] "Sentencing of Jesus" [17] in eleven states: Texas, [18] Colorado, [19] California, [20] Oklahoma, [21] Tennessee, [22] Massachusetts, [23] Illinois, [24] Virginia, [25] Louisiana, [26] Arizona, and Minnesota. [27] His 2016 book, Prosecuting Jesus [28] recounts that project.

Osler's most recent work [29] has focused on clemency [30] and narcotics policy. His opinion pieces (some co-authored) appeared in The New York Times in 2014, [31] 2016, [32] and 2021, [33] and in the Washington Post in 2014, [34] 2018, [35] August, 2020, [36] and November, 2020, [37] while his arguments in favor of narcotics policy reform appeared in law journals at Harvard, [38] Stanford, [39] Georgetown, [40] Rutgers, [41] and DePaul. [42] An article Osler co-authored with Rachel Barkow for the University of Chicago Law Review was highlighted in a lead editorial in The New York Times , in which the Times' editorial board expressly embraced Barkow and Osler's argument for clemency reform. [43] In 2020, the Times again described the Barkow/Osler plan in a staff editorial. [44] He and Barkow also co-founded the Clemency Resource Center [45] at NYU, a pop-up law firm which hired and trained lawyers for a one-year stint representing clemency petitioners during the heart of the Obama Clemency Initiative.

In 2020, 2022 and 2023, Osler testified before subcommittees of the United States House Judiciary Committee on various aspects of clemency.

He has also commented on the death penalty and other issues for CNN, [46] MSNBC, [47] NPR, [48] ESPN, [49] and the Huffington Post. [50] Osler appeared as a critic of narcotics policy in the 2013 National Geographic series "The 80's," [51] and as a commentator in the 2014 National Geographic series "The Jesus Mysteries." [52] He is a founding member of Law Enforcement Leaders to Reduce Crime and Incarceration, a national group of former and current prosecutors and police chiefs. [53]

Osler was also the lawyer for Weldon Angelos, who was freed in 2016 after serving 12 years of a 55-year sentence on a marijuana and gun possession conviction. [54] His criminal law casebook, Contemporary Criminal Law (West) was published in 2018, with a second edition released in 2021. [55]

In 2023, Osler was part of a coalition seeking clemency reform in Minnesota. Their effort was successful. Among other reforms, the required vote for approval of a clemency petition went from 3-0 to 2-1 with the governor in the majority. [56]

In August of 2023, Osler began a leave of absence from St. Thomas to serve as Deputy Hennepin County Attorney and Director of the Criminal Division under Mary Moriarty. [57] He returned to St. Thomas in July of 2024.

Related Research Articles

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.

Bill Clinton was criticized for some of his presidential pardons and acts of executive clemency. Pardoning or commuting sentences is a power granted by the Constitution to sitting U.S. presidents. Scholars describe two different models of the pardons process. In the 'agency model' of pardons the process is driven by nonpolitical legal experts in the Department of Justice. In contrast, Clinton followed the 'presidential model', viewing the pardon power as a convenient resource that could be used to advance specific policy goals.

<span class="mw-page-title-main">United States Sentencing Commission</span> Independent agency of the U.S. federal judiciary which determines sentencing guidelines

The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts. The Commission promulgates the Federal Sentencing Guidelines, which replaced the prior system of indeterminate sentencing that allowed trial judges to give sentences ranging from probation to the maximum statutory punishment for the offense. It is headquartered in Washington, D.C.

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The Center on the Administration of Criminal Law is a think-tank dedicated to the promotion of good government and prosecution practices in criminal matters. Its work has been the subject of a feature story in the Associated Press.

<span class="mw-page-title-main">Rachel Barkow</span> American legal scholar

Rachel Elise Barkow is an American professor of law at the New York University School of Law. She is also faculty director of the Center on the Administration of Criminal Law. Her scholarship focuses on administrative and criminal law, and she is especially interested in applying the lessons and theory of administrative law to the administration of criminal justice. In 2007, Barkow won the Podell Distinguished Teaching Award at NYU. In the fall of 2008, she served as the Beneficial Visiting Professor of Law at Harvard Law School.

A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges.

The Law of Austria in the law which applies at federal level in Austria. It is founded on the Federal Constitutional Law of 1920.

The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit.

<span class="mw-page-title-main">Ronald Rodgers</span>

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The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court's earlier language as authoritative.

<span class="mw-page-title-main">Alice Marie Johnson</span> American criminal-justice activist and commuted convict

Alice Marie Johnson is an American criminal justice reform advocate and former federal prisoner. She was convicted in 1996 for her involvement in a Memphis cocaine trafficking organization and sentenced to life imprisonment. In June 2018, after serving 21 years in prison, she was released from the Federal Correctional Institution, Aliceville, after President Donald Trump granted her clemency, thereby commuting her sentence, effective immediately.

Ex parte Grossman, 267 U.S. 87 (1925), was a US Supreme Court case that held that the US President may pardon criminal contempt of court. Grossman had been convicted of criminal contempt but was pardoned by the President. The district court subsequently sent him back to prison.

Reginald Cornelius "Neli" Latson is an intellectually disabled African American man with Asperger's syndrome who became the subject of national media attention after he was arrested in 2010. Latson was approached by a sheriff's deputy while waiting outside a library, and the interaction turned into a fight, in which the deputy was injured. He was sentenced to prison, followed by a regiment of mental health treatment programs. While in a group home, Latson was arrested after another altercation with an officer and returned to prison. In prison, while on suicide watch, he was placed in solitary confinement for nearly a year. Disability and civil rights organizations argued that the corrections system was causing Latson's mental health to deteriorate, and that racial bias influenced how he was treated in prison. They lobbied for clemency, and he was given a conditional pardon in 2015, and then a full pardon in 2021.

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