Thursday, March 08, 2012

 

Political Mayhem Thursday: Talk about clemency!


Last week, Tennessee Public Radio ran an interview I did with Stewart Harris regarding clemency (you can download the 3/7/2011 podcast from this site or from iTunes here-- the segment is called "Pardon Me! Please!").

Part of that discussion involved something I really believe: That when politicians do unexpected things, we often have ourselves to blame. For example, and relating to my own concerns, it bothers me that no one ever asks a candidate about clemency policy during a presidential or gubernatorial campaign. Then, when Bill Clinton or Haley Barbour uses the pardon power for some boneheaded last-minute deals, everyone gets upset for five minutes.

It would be much better if we would just make it an issue during campaigns-- insist on some kind of statement from a candidate about how they would use this nearly unchecked power.

Is that unreasonable?

[excuse me while I write a letter to Mitt Romney...]

Comments:
ok - at the risk of sounding stupid (but I am not an attorney), I hear the term clemency, commutation and pardon. What is the difference?

I only know that in some states a felon who serves his/her term can apply to get their rights back (with a lot of difficulty). But they are still a felon and still have a record.

Thanks!
 
Christine, I think a lot of the law talk is made out to sound more complicated than it really is. Looks to me like clemency is “being nice” pardon is “let it go” and commutation is “move along.”
 
Marta-- you are pretty much right! Pardons and commutations are both forms of executive clemency. A pardon is when your conviction is erased, and a commutation is when your sentence is reduced, but the conviction remains.

Confusingly, the whole thing is referred to as "The Pardon Power."
 
so a pardon has the ability to make it go away or clemancy is get out of jail early but still have a record. I got it.

Thanks
 
Nice post which It would be much better if we would just make it an issue during campaigns insist on some kind of statement from a candidate about how they would use this nearly unchecked power.In which That when politicians do unexpected things, we often have ourselves to blame. Thanks a lot for posting this article.
 
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