Delaware: An Inside Look at Pardons

An article by Esteban Parra of The News Journal really caught our eye because of the title: MANY FIND SECOND CHANCE IN DELAWARE BOARD OF PARDONS. First thought, of course was, "What? Is there really any such place?" The article is based on 16 years of records recently released by the State under the Freedom of Information Act. It notes that one man is:

... one of about 2,300 convicts who have sought a pardon or commutation from the board since 1991, and one of about 1,800 to succeed with a clemency plea before the five-member panel, made up of the Chancery Court Chancellor, lieutenant governor, secretary of state, state treasurer and state auditor.

... Most prisoners jailed for serious crimes such as murder, rape or robbery are denied by the Board of Pardons, the review shows

... Of 265 such requests to the Board, 56 -- or 21 percent -- were recommended for approval. Of those, 39 -- or 70 percent -- were granted by Carper, his predecessor, Mike Castle (now a Republican U.S. representative), or current Gov. Ruth Ann Minner.

Those in prison for more common crimes such as passing bad checks, alcohol possession or shoplifting were much more likely to be recommended for pardon or commutation. Ninety to 99 percent of such applications received a positive recommendation.

The board considered 126 cases involving murder -- first- or second-degree murder, conspiracy, attempted murder or acting as an accomplice -- and recommended three pardons and 18 commutations, according to the records. Of those 21 recommendations, 12 were granted, seven were denied and two are awaiting a decision by Minner. Minner has granted the three pardons.

Requets for pardon in Delaware usually come from people trying to restore their civil rights. Governor Minner is quoted as saying,"The decision on whether to grant a pardon is one of the most important of my job as governor. It can have a tremendous impact on a person's life, which is why I consider all information available to me before reaching my conclusion. Our pardons process is an opportunity for a second chance, and I want to make sure that those who truly deserve it have that chance."

Interestingly, a current member of the Board is Sen. Tom Carper (D), a former governor who, as governor, denied 15 percent of the board's positive recommendations (Minner has rejected 8 percent). Former Governor Michael Castle (R) disagreed with only 2 percent, but the data only cover his last year in office. Carper says he has something of a "checklist" when considering clemency. He focuses on 1) how much of the sentence a person had served 2) what the petitioner did with time in prison 3) whether a person accepted responsibility for their crime and 4) how remorseful they were.

As is the case with a recent piece PardonPower reviewed on the clemency process in Florida, this piece highlights the details of some specific cases and the lives of some clemency applicants. See full article here.

Georgia: Moral Turpitude. It just depends ...

The State Constitution reads:

Anyone convicted of a felony involving moral turpitude cannot vote until they complete their sentence and pay all associated fees and fines.

The Secretary of State's Office interprets the above passage to refer to all felonies. As a result, according to the American Civil Liberties Union, over 280,000 felons in Georgia are "disenfranchised." Nancy Abudu, staff counsel for the ACLU Voting Rights Project also notes: "Given disparities in race and class, the population it affects the most is also the population that is also disparately impacted by criminal justice." The premise is based on the estimate that about half of the 280,000 felons are African-American.

So, the ACLU and other groups are calling on the State to produce a more specific list of felonies which are meant to be encompassed by the constitutional language. After all, the language does seem to single out certain types of felonies, not all felonies. The Florida-Times Union notes:

Lawmakers in other states, such as Alabama and Alaska, have defined which specific offenses are crimes of moral turpitude ... Courts have defined the term moral turpitude as acts of baseness, vileness or depravity in a person's duty to society. But the term has found a perplexing place in the political world, and its application to crimes has stirred debate in a number of states ... In Georgia, a solid definition for crimes of moral turpitude has eluded the Attorney General's Office for decades.

In 1983, the State Attorney General admitted that the State could not come up with a specific working definition of "moral turpitude" and guessed that any such definition might be linked to current (and constantly changing) public opinion. He then suggested that the Board broadly define "moral turpitude" and consider all felonies crimes of moral turpitude for purposes of granting clemency and restoring civil rights to felons. The result?

The state automatically restores voting rights for felons after they complete their sentence, parole or probation. Felons must apply to restore other rights, such as holding political office and owning a firearm. Nearly 8,100 convicts were discharged from parole in fiscal 2007, though some may have been moved to probation and did not have their voting rights automatically restored, said Scheree Lipscomb, spokeswoman for the Board of Pardons and Paroles. The board granted pardons for 372 inmates and restored the civil rights of 211 convicts.

See story here.

Michigan: Data

On May 14, the Associated Press reported the following:

The number of clemency requests granted by Michigan governors in the last 40 years:
Democrat Jennifer Granholm, 2003-present, 23 commutations in nearly 5 1/2 years.
Republican John Engler, 1991-2002, commuted 34 sentences over 12 years.
Democrat James Blanchard, 1983-1990, commuted six sentences over eight years.
Republican William Milliken, 1969-1982, commuted 95 sentences over 14 years.
Source: Michigan Department of Corrections

Pennsylvania: Prozac Murder?

Kurt Danysh is serving a 22.5-60-year sentence for shooting his 51-year old father in the head after his supply of Prozac ran out. Danysh says he does not remember even pulling the gun out. He also says that he has not yet "forgiven" himself, but that he has "come to terms with what happened." Now Danysh is seeking clemency as he tries to "raise awareness" about possible effects of Prozac and other antidepressant drugs. An attorney from the Pennsylvania Association of Criminal Defense Lawyers says seeking a clemency is a difficult and time-consuming process, requiring a unanimous vote by the Pennsylvania Board of Pardons in order to get the governor to even consider the application. He also explains that, in 2007, "the governor granted 105 clemencies out of 138 clemency applications recommended by the board," but the board received over 650 applications. Pardon board Secretary John Heaton agrees that it is "quite a lengthy" process and notes that it has taken as long as two years for the board to review a request. See story here.

MIchigan: Good Odds, Considering ...

According to this article at the Chicago Tribune, fugitive-mom-recently-turned prisoner Susan LeFevre does not have the best chance of getting a commutation of sentence from Gov. Jennifer Granholm (D), but the timing could have been worse. The article notes:

In her first term, Granholm commuted nine sentences of sick or aging inmates thought to be close to death. Yet since winning re-election and creating a clemency council early last year to help review cases, Granholm has ended 14 prison terms early -- including four this year for non-medical reasons, according to data reviewed by The Associated Press. All four offenders freed for non-health reasons had committed drug crimes resembling what landed LeFevre, now 53, in prison in 1975.

But the piece also notes Michigan's Parole Board has reviewed "thousands" of clemency requests during Granholm's tenure and recommended commutastions in only 31 instances. Granholm agreed 23 times and continues to review other cases, but she is now said to be receiving hundreds of e-mails on LeFevre's behalf. Lo, and behold, last week:

Granholm commuted the sentences of Ronald Seeger, 49, and Sally Smith, 60. Seeger has served nearly 16 years of a minimum 20-year term for delivering drugs in Oakland County. Smith has served more than 18 years of a life sentence for conspiring to deal narcotics in Oakland County. Their pending freedom comes on the heels of two drug-related commutations in February, the first time Granholm approved releasing people who weren't sick.

Michigan's previous governor, John Engler (R) only granted clemency in four cases by this point in his tenure, but granted a majority of his commutations (34) in his last year in office. Previous to Engler, Governor Jim Blanchard (D) commuted just once sentence by this point and added only five more before the end of his term.

Arkansas: 9 Pardons

Governor Mike Beebe has announced that he will grant nine pardons. One will go to a woman who was convicted in 1992 of possession of cocaine with intent to deliver. The grant is opposed by the Pulaski County sheriff. The other pardons cover such offenses as forgery, theft of property, breaking and entering, receiving and possession of an instrument of a crime and delivery of marijuana. It is also reported that an additional 21 clemency requests were denied and 40 received no action. See story here.

Death Penalty Statistics

Georgia's execution of William Earl Lynd is the first of the year. Lynd was convicted of murdering his girlfriend in 1988. Here are some charts on Death Row and executions in the United States:

Death Row Population, 1953-2007
Executions, 1789-2008
Executions, 1953-2008
Death Row Population v. Executions, 1953-2007

South Dakota: Commutations Remembered

This post, at the ArgusLeader, retells the story of "the Janklow 36." Twenty-two years ago, in October of 1986, Governor Bill Janlow (R) addressed the prison overcrowding pardon by releasing individuals that he considered to be "low-risk inmates with few South Dakota ties." Thus, the commutations were conditioned on the recipients leaving the state and never returning. The article says a commutation of that sort "has not been granted in South Dakota before or since." The result of the effort? The ArgusLeader notes:

It was a gamble that, according to an Argus Leader investigation, turned out to be a much bigger public safety risk to South Dakota and other states than the governor probably ever imagined. A few took advantage of the release to re-enter society, starting families and businesses. But many ended up in prison for crimes ranging from dealing drugs to armed robbery and burglary. At least six still are behind bars. One, Cliff Birch, raped a 23-year-old woman in a field between Freeman and Canistota only 20 months after he was granted his early release.

But the article also notes Governor Janklow used the pardon power "at an unmatched rate, issuing almost 2,000 commutations during the second eight-year stint in the governor's office." Nothing is said in the piece about the post-prison record of the other 99 percent of the persons who were released. Nonetheless, the piece concludes:

But the lesson of that decision is a valuable one today as state legislatures struggling with overcrowding and skyrocketing corrections budgets consider easing those pressure valves with early releases. At least eight states are considering freeing inmates or sending some convicts to rehabilitation programs instead of prison ... Now, as states grapple with overcrowding and surging corrections budgets, it's a lesson worth remembering, especially when places such as Kentucky and California are considering releasing thousands of inmates early.

But what exactly is "the lesson" here? Is it that clemency should not be used at all? Or, is it that better judgement should have been made with respect to "many" of the 36 individuals highlighted in the article? Maybe "the lesson" is that the state cannot be 100 percent accurate(only 99 percent) about the future of every individual who, at the time of release, might be worthy of clemency - a rate that might be considered fairly impressive in most other arenas of human activity.

Janklow initiated a program that made inmates eligible for earlier parole if they participated in community service projects. A 2003 task force decided that clemency program was "a good idea." Indeed, ninety-three percent of the nearly 2,000 commutations mentioned above (or 1,874 to be exact) were members of inmate work crews. In addition, most of those commutations were "minor sentence reductions" that simply pushed up an inmate's release date. On average, the difference was about 77.38 days. I am guessing that if most - or even a significant portion - of those released had commited heinous crimes and had been returned to prison, we would all know about it. That is to say, there is a reason for the lack of statistical insights regarding the other 99 percent.

Janklow's clemency decisions were actually "controversial" for another reason. From, 1995 to 2003, the State's nine-member Pardon and Parole Board received a whopping 4,540 applications for commutations. And yet the Board (composed of citizens) only recommended clemency in a 6 cases! Governor Janklow granted all but one of his commutations without input from the board. What is "the lesson" here?

Wisconsin: Report

Here is a nifty little report on clemency in the State of Wisconsin. It says that, since 1987, more than 300 people have received pardons from the governor, with most of the offenses being drug-related and the average pardon appearing 20 years after the crime. One individual describes the State's clemency process as something like, "being a chicken breast, being flipped over on high flame." Bill Lueders of the Wisconsin Freedom of Information Council argues that pardon records should be online. How do you get to such information?

That information is a public record and it is available for public inspection. It's kept in a cardboard documents box in the 10th floor office of the secretary of state's office in Madison along with a hand-written index. Copies are available but by law, the agency charges $2 for each one-page pardon document, about 10 times the cost of copies in most other state agencies.

Michael Hayes, a Milwaukee attorney, agrees that putting the information online is a "great idea," but reminds clients that "The odds of getting a pardon are pretty slim." For example, in 2006, 88 people applied and only 12 received a pardon. In 2007, 86 people applied and 16 received a pardon.

Michigan: Report / Request

This article reports that, during her five years in office, Governor Jennifer Granholm (D) has ordered commutations in only 20 of the 3,438 requests that have come before her, and mostly for "medical reasons."

Now comes an "online petition" that asks her to commute the prison sentence of one Charles Fackelman who threatened two men with a loaded handgun and could serve up to 20 years in prison for it. The incident occurred after a car crashed into a tree, killing Fackelman's 17-year-old son. Fackelman's brother calls the sentence "excessive" as Charles is "not the criminal type." Ironically, the driver of the car received only six months for negligent homicide. The brother also called the minimum sentence of 5 3/4 years a "death sentence" for the 47-year old Fackelman. The online petition, and additional information on the case, can be found here. A lively group discussion of the case can also be found here.

Hawaii: Meddling with Pardon Power?

An editorial in today's Honolulu Star-Bulletin calls on the Hawaii state legislature to "stop meddling' with the pardon power. According to the editorial. Gov. Linda Lingle (R) has issued more than 70 pardons since taking office five years ago - a number that is "consistent" with past governors. And, according to the Star-Bulletin, none of the pardon have been "controversial." Nonetheless, the state legislature has approved a bill that would require the judicial branch to review all probation applicants, leaving the Paroling Authority to review only applications from those imprisoned or on parole. The bill would also require the governor to give 30 days of public notice, including the reason(s), before issuing a pardon. See more details here.

Illinois: Report

It is reported here and here that Governor Rod Blagojevich has gotten nearly 2,800 clemency requests since he stepped into office five years ago and has granted only 67 pardons. An additional 1,160 requests were denied and the remaining 1,500 remained in limbo. The figures have taken on significance since it has been learned that one of Blagojevich's rare pardons was given to Chandra Gill, an administrator at a school that mistakenly received a $1 million state grant. In 2006, the latest year for which the Prisoner Review Board has issued an annual report, Blagojevich got 651 clemency requests. He granted one, denied 24 and took no action on the rest.

Hawaii: Report

According to this article, Hawaii's Republican governor Linda Lingle has pardoned 71 people since taking office in 2002. Lingle granted pardons to only five individuals in 2007, saying that they had "proven their ability to lead law-abiding lives and to be productive members of our community."

Louisiana Report

According to this report, the Louisiana state Board of Pardons received 4,240 applications for clemency during Democratic Gov. Kathleen Blanco’s four years in office (2004-2007). Of that number, only 849 were granted a hearing. The Board then denied 566 of the applications and 92 were held over for further consideration. As a result, a total of 331 applications were granted favorable recommendations and passed to Blanco. The Governor granted clemency for 285 applicants, denied 32 others and took no action on 14 applications. None of Blanco's actions involved high profile cases. Most were for inmates convicted of drug offenses. "She took very deliberate and thorough consideration of every one that came over here," said Terry Ryder, Blanco's executive council. This story is also covered here.