This blog is dedicated to following the very latest news regarding presidential pardons and the pardon power (or clemency powers) as exercised in each state. Comments are certainly welcomed but a premium will be placed on civlity, relevance and originality. Please refrain from extended copying and pasting.
Wednesday, January 9, 2008
Ohio: Commutation of Sentence
The Governor of Ohio (Ted Strickland-D) has commuted the sentence of 61-year old John Spirko to life in prison without the possibility of parole. The Governor said the execution (scheduled for the 24th of this month) would have been "inappropriate" given the fact that there was "slim residual doubt" as to Spirko's guilt. Convicted of the kidnapping and murder of Betty Jane Mottinger (a postal worker) almost 30 years ago, Strickland received seven reprieves as a result of DNA testing (a state record). The Ohio Parole Board twice recommended against clemency. Each time the vote of the Board was unanimous. In the past, Spirko's lawyers (Washington, D.C.-based Tom Hill and Alvin Dunn) have requested a pardon, a conditional pardon or a commutation of sentence to time served. As they put it, ''There can be no joy in the commutation of an innocent man's sentence to life without parole." One resident said, "A lot of people in the area don’t think he did it. He was just an easy mark." Spirko had just gotten out of prison for killing a 72-year old woman during a robbery and was easily convictable. See story reported in the Toledo Blade (here), the Fort WayneJournal Gazette (here), the Associated Press (here),the CincinnatiEnquirer (here),and the Cleveland Plain Dealer (here).
AMNESTY - A general or group pardon that is usually granted before conviction. This power is most commonly associated
with post-war clemency, for
draft evasion, sedition or other violations of selective service laws. Amnesties may or may not be conditional
CLEMENCY - At the federal level, this is a broad term which is interpreted to include all of the other terms defined in this section. Sometimes,
"clemency" is described as "the pardon power," which is acceptable, so long as it is understood that, formally speaking,
a pardon is one of several forms of clemency. Clemency powers can be found in all three branches of the federal
government (executive, legislative and judicial). At the state level, "clemency" is sometimes meant to be synonymous with "commutation." Thus "clemency" is used to release indivduals from prison. "Pardons" in
such states are used to restore the civil rights of those who have already served their time.
COMMUTATION - A reduction in the severity of a punishment that is commonly confused with a pardon. Commutations reduce
the length of a sentence or the amount of a fine. Perhaps the most high-profile commutations are those that
change a death sentence to
life in prison, or life in prison withou the possibility of parole. Commutations can be controversial if the
"reduction" is, arguably, not a reduction. Imagine a 2-year sentence being commuted to a $900,000 fine. Is that
really a reduction in the severity of the punishment? Commutations can have conditions attached. Supreme Court
decisions appear to suggest that commutations of sentence cannot be refused. Although there was a time when commutations
were granted more frequently than pardons, they are very rarely granted today.
EXPUNGEMENT - Each state is free to define expungement as it pleases,
but, generally, it referes to a process whereby records pertaining to a case are removed from the view of the
public. In some instances, the records do not completely "disappear," but are available to law
enforcement. States also routinely exempt certain offenses from the possibility of expungement. See also
"sealing" (below)
PARDON - The removal of all disability or punishment. Pardons may be granted before or
after conviction. Today, they are usually granted
in order to restore civil rights (the right to vote, hold public office, participate in a jury, own a firearm, etc.). Pardons can have
conditions attached. There has been a steady decline in the granting of pardons since 1900 whether one looks at the
raw number of pardons, the percentage of applications that result in pardons or the percentage of presidential
clemency decisions which result in pardons. There has, however, been a more accelerated decline since the late 1960s.
REMISSION - Most often, remissions were devices used to remove fines and forfeitures. In some instances, however,
the word remit was used
to simply remove (as opposed to reducing) a portion of a sentence. Today, federal clemency statistics
do not even count remissions as a separate category of clemency decisions.
REPRIEVE - Delays the imposition of a punishment without reference to such issues as due process or the guilt or
innocence of the accused. Sometimes used as a synonym for "stay." See Respite, below.
RESPITE - Delays the imposition of a punishment without reference to such issues as due process or the guilt or
innocence of the accused. Typically, respites are granted for a specific number of days (30 to 60) but
they have often been followed by additional respites and have also been granted in an entirely open-ended
fashion (as in, "We will get back to you, when we can."). Today, the word "reprieve" is more likely to be used
for an act of clemency that delays punishment.
SEALING - Each state is free to define sealing as it pleases,
but, generally, it referes to a process whereby records pertaining to a case are removed from the view of the
public. In some instances, the records do not completely "disappear," but are available to law
enforcement. States also routinely exempt certain offenses from the possibility of sealing. See also
"expungement"(above).
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