PARDON POWER: Oklahoma: Recommendation

Sunday, May 4, 2008

Oklahoma: Recommendation

The State's five-member pardon and parole board has recommended that the life sentence of Norma Jane Lumpkin be commuted to time served. In 1981, Lumpkin took out a $210,000 life insurance policy on her husband and, with the help of a teenage accomplice, beat him to death with a baseball bat. The police found the body in the trunk of her car when she was pulled over for speeding. Today, Lumpkin's supporters say she suffered from "battered spouse syndrome," although a U.S. Circuit Court of Appeals has already considered this defense and upheld the original sentence. Some consider it noteworthy that abuse was not a central consideration during the course of the original trial. Although Lumpkin has been "written up" for misconduct three times while in prison, she is credited with having started "religious groups" during her stay. See story here.

Labels: Oklahoma

2 Comments:

At May 9, 2008 7:34 AM , Angie Temple said...: I am the victims niece. Our family is seeking support to keep this murderer behind bars. We were not notified that she was up for parole therefore no one represented the victim at the hearing. Any support is much appreciated.
At May 9, 2008 9:35 PM , Linda Messenger said...: I am Gilbert's sister. I am appalled that the OK Pardon & Parole board have recommended the release of Jane Lumpkin. She was convicted of first degree murder and sentenced to life in prison. After having her boyfriend beat my brother with a baseball bat, she finished the murder by placing a plastic bag over his head. She murdered him to collect the proceeds from life insurance which she had recently taken out on my brother's life. She and her attorney have now fabricated a "battered wife" defense in and effort to have her released from prison. There was never any claim of or evidence of battering prior to this defense. The supporters of the victim were not notified of the parole hearing and therefore not present to protest the "battered wife" claim or her release. Please help us keep this murderer in prison.

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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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Sunday, May 4, 2008

Oklahoma: Recommendation

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