PARDON POWER: Texas: Pardon

Friday, June 27, 2008

Texas: Pardon

Ronald Gene Taylor, who was released from prison last October when DNA cleared him of a rape conviction, considers himself now "officially a free man." Taylor has received a pardon from Governor Rick Perry. He can now also collect about $700,000 from the State of Texas if he agrees not to sue. See story here.

Labels: Texas

0 Comments:

Links to this post:

<$BlogBacklinkTitle$>: <$BlogBacklinkSnippet$>
<$I18NPostedByBacklinkAuthor$> @ <$BlogBacklinkDateTime$>

Create a Link

<< Home

David G. Adler- Political Scientist
Daniel T. Kobil- Lawyer
Harold J. Krent- Law Professor
Margaret Colgate Love- Lawyer
Kathleen Dean Moore- Philosopher
Mark J. Rozell- Political Scientist
P.S. Ruckman, Jr.- Political Scientist

P.S. Ruckman Jr. (Video)

Daniel T. Kobil (Audio)

1833 - United States v. Wilson
1855 - Ex Parte Wells
1866 - Ex Parte Garland
1871 - Armstrong v. United States
1871 - United States v. Klein
1877 - Knote v.United States
1885 - The Laura
1890 - Illinois Central Railroad v. Bosworth
1892 - Boyd v. United States
1914 - Carlesi v. New York
1915 - Burdick v. United States
1925 - Ex Parte Grossman
1927 - Chapman v. Scott
1927 - Biddle v. Perovich
1974 - Hoffa v. Saxbe
1974 - Schick v. Reed
1975 - Murphy v. Ford
1981 - Connectictu Board of Pardons v. Dumschat
1990 - United States v. Noonan
1997 - In Re Elliot Abrams
1998 - Ohio Adult Parole Authority v. Woodard

Subscribe to
Posts [Atom]

- Since Jan. 9, 2008

- Since May 6, 2008

View blog authority

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).

Nothing on this site should be construed as legal advice. PardonPower.com does not give legal advice.

PardonPower.com may disagree with material posted in the comments section. Read at your own risk.

PARDON POWER

Friday, June 27, 2008

Texas: Pardon

0 Comments:

Links to this post:

OTHER POST CATEGORIES

PARDON POWER IN THE NEWS

DISTINGUISHED GUESTS

PRESIDENTIAL PARDON EXPERTS

MEDIA CLIPS

COMMENTARY / RESEARCH

FEDERAL DATA (Aggregate)

FEDERAL DATA (by Administration)

FEDERAL DATA (by Month)

OTHER GREAT BLOGS

USEFUL LINKS

NOTABLE FEDERAL CASES

TERMS TO KNOW

* Legal