Pardon
As Clear as Mud: A Detailed Look at the Presidential Pardon
Dec/23/11 17:40
The American Constitutional Society’s website recently has an interesting blog entry on the federal pardon power. As I read on, I became more and more intrigued. The internet journalism site ProPublica had done an investigation into the pardon power which had triggered a number of pieces on that power. Collectively, these articles gave me a number of insights into the process and the flaws of an executive prerogative which has been shrouded in secrecy. Current pardon practices are not fair. They are shrouded in secrecy, influenced by political connections, and seem to statistically favor white financially endowed individuals. Adopting standardized criteria (one of the commonly cited suggestions for reform) may make then application of the pardon power more even handed, but will also temper one of the central purposes of the pardon -- to correct injustices that may be difficult to predefine. Canada has an excellent system which permits garden variety pardons to be handled by an administrative agency, but still gives the Governor General of Canada the ability to hand down a Royal Pardon to correct the exceptional injustice which cannot be defined. This would be an excellent model to study, but in our current political gridlock, it is highly unlikely that our Congress would adopt such an approach. The publication of literature studying successful applicants, however, provides an excellent first step because it permits parties to anchor their application to other cases and allows a “common law” of pardons to develop.
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New Parole Board Announced
Mar/01/11 10:42
As was noted earlier, Governor Snyder issued an executive order reorganizing the Parole Board and moving them from an executive level position to a position under the Department of Corrections. Because of this, a new Board was appointed. The MDOC issued a press release yesterday containing the composition of the new Board. Many of the old Board members will remain, but Tom Combs is now the chair. Barb Sampson is now just an ordinary Board Member. The new appointments seem to come mostly from law enforcement. It is unclear how this will effect the policies of the Board.
Governor Snyder Reorganizes Michigan Parole Board & Abolishes Clemency Advisory Council.
Feb/08/11 08:29
On February 7, 2011, Governor Snyder signed Executive Order No. 2011-3 which effectively restored the state of the Michigan’s Parole and Commutation System to where it was before 2007. The order moves the Parole & Commutation Board (now renamed the “Parole Board”) back to the Department of Corrections, places it under the control of the Director of the Department of Corrections, and abolishes the Executive Clemency Advisory Council. The order also reduces the size of the Board from fifteen to ten members and makes them all reapply for their jobs. Prior to 2007, the Board was also at ten members.
It is unclear what other policy changes are lurking under this change, but this could mean that the current administration is deemphasizing community reintegration as part of its corrections strategy. The extra five members were added to the Board could keep up with its increased workload. The downsizing in staff could mean a corresponding downsizing in the amount of paroles and clemencies.
Update: I just found an article on this order by Paul Eagan of the Detroit News. His article makes a couple of points. First, it quotes Governor Snyder saying that “we need to let the professionals in the Corrections Department determine whether it’s appropriate to release prisoners.” This could mean that Snyder is intending to be more deferential to his Corrections Director’s policies. That Director still needs to be named. Second, it could be a SOP to prosecutors who complained that Governor Granholm’s accelerated process was too accelerated. Mr. Eagan ran a similar article yesterday, but it seems to have similar content.
Yesterday’s Grand Rapids Press stated that Governor Snyder was actually doing this with the intent to do de-politicize the process. It cited to a commitment by the Snyder Administration to continue to “right size” Michigan prisons. Their article cited to a National Council of State Legislature’s expert who stated that Michigan was holding prisoners too long and that that prisoners should be presumptively entitled to parole after serving 120% of their sentence.
Last month, I commented on New York Governor Cuomo’s decision to right size New York prisons and the fighting he was facing from their unions and politicians. For those who are interested, here is a link to the Governor’s Press release. It doesn’t appear to add anything new. Stay tuned.
It is unclear what other policy changes are lurking under this change, but this could mean that the current administration is deemphasizing community reintegration as part of its corrections strategy. The extra five members were added to the Board could keep up with its increased workload. The downsizing in staff could mean a corresponding downsizing in the amount of paroles and clemencies.
Update: I just found an article on this order by Paul Eagan of the Detroit News. His article makes a couple of points. First, it quotes Governor Snyder saying that “we need to let the professionals in the Corrections Department determine whether it’s appropriate to release prisoners.” This could mean that Snyder is intending to be more deferential to his Corrections Director’s policies. That Director still needs to be named. Second, it could be a SOP to prosecutors who complained that Governor Granholm’s accelerated process was too accelerated. Mr. Eagan ran a similar article yesterday, but it seems to have similar content.
Yesterday’s Grand Rapids Press stated that Governor Snyder was actually doing this with the intent to do de-politicize the process. It cited to a commitment by the Snyder Administration to continue to “right size” Michigan prisons. Their article cited to a National Council of State Legislature’s expert who stated that Michigan was holding prisoners too long and that that prisoners should be presumptively entitled to parole after serving 120% of their sentence.
Last month, I commented on New York Governor Cuomo’s decision to right size New York prisons and the fighting he was facing from their unions and politicians. For those who are interested, here is a link to the Governor’s Press release. It doesn’t appear to add anything new. Stay tuned.
President Obama is One of the Slowest Presidents for Pardons
Jan/27/11 06:27
According to Pardon Power, President Obama has now gone 735 days without singing a pardon. While President G.W. Bush was slower, President Obama is quickly tying the second President Bush for last place. Currently, we still don’t have any indication where Michigan Governor Snyder’s position will be with respect to pardons.
Governor Granholm Was Generous With Commutation Power
Jan/10/11 18:17
According to the Blog “Pardon Power,” Governor Granholm was one of the more forgiving governors in recent times. It listed roughly 130 commutations attributable to the Governor. While the final statistics are not out, it appears that she granted roughly thirty pardons as well. A commutation reduces a prison sentence or releases an individual. A pardon undoes the effect of a criminal conviction. For individuals with more than one criminal conviction, a pardon is often the only way to undue the effect of a criminal conviction.
WU7WT93G77TV
WU7WT93G77TV
Ohio Governor Strickland Grants 78 Commutations
Nov/29/09 13:52
According to Professor Berman’s Blog, Ohio’s Governor Ted Strickland granted 78 commutations this Thanksgiving. Conversely, President Obama only pardoned a turkey. Click here to read the Columbus Dispatch’s article on the subject. Click here to read about’s President Obama’s disappointing clemency history.
