A person has done something wrong and is being punished for it. Should we give such a person an incentive to improve their behavior by reducing their punishment.

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Presentation transcript:

A person has done something wrong and is being punished for it. Should we give such a person an incentive to improve their behavior by reducing their punishment if they seem to rehabilitate themselves?

Clemency: Parole Parole is the early release of a prisoner who agrees to certain rules and conditions in order to be allowed out of jail early; these conditions end when the time of the maximum sentence period has ended By far, the most common type of clemency granted, but it still can be controversial Courts specify if a person will be eligible for parole and how long a convicted person must wait until they’re eligible 34 states allow parole, 16 do not; parole for federal crimes was abolished in 1984

Clemency: Pardons Miriam “Ma” Ferguson, Governor of Texas George Ryan, Governor of Illinois

Clemency: Commutation Case of Guinevere Garcia Sister Miriam Illinois Governor Wilson Jim Edgar

Reprieve: Troy Davis Georgia Convicted in 1991 of killing an off- duty police officer in of the original 9 eyewitnesses who had linked Davis to the killing supposedly recanted all or part of their trial testimony. Several stated they had felt pressure by police to implicate Davis. New witnesses implicated one of the original witnesses as the killer. Sought a Pardon Requested his death sentence be delayed (a Reprieve) in order to prove his innocence Reprieve was rejected. He was executed in 2011.

Executive Clemency Powers Federal: President No requirement for a Board approval first Attorney General’s office receives requests and makes recommendations to the President Can’t pardon those under impeachment Can pardon before charges are filed or a conviction rendered State: Governor Process varies, but MOST states require a recommendation from an independent Board of Pardons/Parole before the Governor can act on a request Usually cannot give clemency to family or members of their administration Usually requires a conviction first

Pennsylvania’s Board of Pardons Consists of five members: Lieutenant Governor and Attorney General (both elected) and… Three others who the Governor chooses to appoint (with approval by the state Senate): a corrections expert, a crime victim representative, and a psychiatrist/psychologist (serve 6 year terms) Board of Pardons recommends clemency to Governor, but the governor decides whether to grant it However, the PA governor cannot grant any clemency without the Board’s recommendation