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Friday, January 13, 2012

Politics: Compassion. Loyalty. Revenge. Money.

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Politics
Compassion. Loyalty. Revenge. Money.
The real reasons political leaders grant pardons.
By Will Oremus
Posted Thursday, Jan 12, 2012, at 11:59 PM ET

The president's right to pardon whomever he pleases, without limit or judicial review, is enshrined in Article II of the Constitution. A governor's right to do the same is also quite sweeping in most states, though subject to a few restrictions. Mississippi Gov. Haley Barbour discovered that this week when a judge blocked the release of 21 of the 200-odd inmates he had pardoned in his final days in office, 14 of whom were convicted murderers. (The reason: Some of the inmates did not give the required amount of public notice that they were seeking a pardon.)

The theory behind executive pardons and commutations is that the letter of the law sometimes conflicts with human decency. For instance, Barbour himself was hailed a year ago by NAACP President Benjamin Jealous as a "shining example of how governors should use their commutation powers" after he lifted the life sentences of two sisters who had already served 16 years for robbing someone of $11. In the words of former Supreme Court Justice Oliver Wendell Holmes, a presidential pardon amounts to "the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed."

But we members of the public do not always see how our welfare is being served by releasing convicted swindlers and killers into our midst. On those occasions, we call upon the ultimate authority for some explanation of his or her wisdom. Presidents and governors don't always ...

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