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jclalor

Haley Barbour pardons nearly 200, including killers

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The article mentions 2012 GOP Nominee aspirations. Seems like a thought of a political future, but at a higher, criminal level.

Matt
An Instructors first concern is student safety.
So, start being safe, first!!!

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The article mentions 2012 GOP Nominee aspirations. Seems like a thought of a political future, but at a higher, criminal level.

Matt




I should have said he has no realistic political future.

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SECTION 124.
In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.

SOURCES: 1832 art V §10; 1869 art V §10.

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There might be/must be some other factor that the Judge or a DA has going.



Not really; just the 30-day provision in the state constitution. That's all they need.
Aside from that, though, it does seem that as long as that provision is complied with (where applicable), the governor's pardon power is pretty absolute.

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There might be/must be some other factor that the Judge or a DA has going.



Not really; just the 30-day provision in the state constitution. That's all they need.
Aside from that, though, it does seem that as long as that provision is complied with (where applicable), the governor's pardon power is pretty absolute.



So, it's the notice provision? HAH...! Thx.

EDIT.........
"........but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.?

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I always thought this was one of the worst features of our country. He obviously has no future political ambitions.



I agree. Where do politicians get this ability to usurp the authority of the courts?



"Usurp" is a non-neutral term. An objective political scientist, describing it from a purely clinical standpoint, would refer to it as part of an overall scheme of multiple checks and balances between and among the 3 branches of government.

Anyhow, the authority comes from the US Constitution in the case of Presidential pardons, and from the respective state constitutions in the case of gubernatorial pardons.

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I always thought this was one of the worst features of our country.



I respectfully disagree. I think, on balance, that it's a net benefit.

While I agree that the President's and governors' pardon authority can sometimes be abused, the framers of the US and various state constitutions put that in there for a reason, after a lot of complicated and often contentious hashing out of the pros, cons and competing agendas.

There are times when a conviction seems terribly unjust, but yet is affirmed on appeal. There are times when a conviction is quite fair, but the sentence is unreasonably harsh; yet it is affirmed on appeal. There are times when a person's conviction and sentence were reasonable when issued, but years later the person becomes deserving of clemency. There are times when a person stands in jeopardy of criminal charges, where the prosecutors and judiciary would be duty-bound to do what they have to do, but the Executive feels that the good of the people is best served by avoiding a prosecution (example: Ford's preemptive pardon of Nixon). In each of those cases, there is no further remedy to be had in the judicial branch (and the legislature is powerless to act), so the only remedy available is by the Executive's authority to issue pardons and commutations.

Government is messy and imperfect. Every branch of government, and its agents, can overstep their bounds and exercise their respective powers imprudently. Hopefully, though, the benefit that comes from those powers being exercised properly most of the time outweighs the detriment from them being abused occasionally.

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I always thought this was one of the worst features of our country.



I respectfully disagree. I think, on balance, that it's a net benefit.

While I agree that the President's and governors' pardon authority can sometimes be abused, the framers of the US and various state constitutions put that in there for a reason, after a lot of complicated and often contentious hashing out of the pros, cons and competing agendas.

There are times when a conviction seems terribly unjust, but yet is affirmed on appeal. There are times when a conviction is quite fair, but the sentence is unreasonably harsh; yet it is affirmed on appeal. There are times when a person's conviction and sentence were reasonable when issued, but years later the person becomes deserving of clemency. There are times when a person stands in jeopardy of criminal charges, where the prosecutors and judiciary would be duty-bound to do what they have to do, but the Executive feels that the good of the people is best served by avoiding a prosecution (example: Ford's preemptive pardon of Nixon). In each of those cases, there is no further remedy to be had in the judicial branch (and the legislature is powerless to act), so the only remedy available is by the Executive's authority to issue pardons and commutations.

Government is messy and imperfect. Every branch of government, and its agents, can overstep their bounds and exercise their respective powers imprudently. Hopefully, though, the benefit that comes from those powers being exercised properly most of the time outweighs the detriment from them being abused occasionally.



Governor Barbour states that there is a long tradition of the Governor pardoning all of the convicts who work at the Governor's mansion during a Governor's term. If this is the case, it's not the Governor who pardons them, it's the prison official who assigns the convict to the position.

http://www.youtube.com/watch?v=615ONELskI4

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I always thought this was one of the worst features of our country.



I respectfully disagree. I think, on balance, that it's a net benefit.

While I agree that the President's and governors' pardon authority can sometimes be abused, the framers of the US and various state constitutions put that in there for a reason, after a lot of complicated and often contentious hashing out of the pros, cons and competing agendas.

There are times when a conviction seems terribly unjust, but yet is affirmed on appeal. There are times when a conviction is quite fair, but the sentence is unreasonably harsh; yet it is affirmed on appeal. There are times when a person's conviction and sentence were reasonable when issued, but years later the person becomes deserving of clemency. There are times when a person stands in jeopardy of criminal charges, where the prosecutors and judiciary would be duty-bound to do what they have to do, but the Executive feels that the good of the people is best served by avoiding a prosecution (example: Ford's preemptive pardon of Nixon). In each of those cases, there is no further remedy to be had in the judicial branch (and the legislature is powerless to act), so the only remedy available is by the Executive's authority to issue pardons and commutations.

Government is messy and imperfect. Every branch of government, and its agents, can overstep their bounds and exercise their respective powers imprudently. Hopefully, though, the benefit that comes from those powers being exercised properly most of the time outweighs the detriment from them being abused occasionally.



I heard the other day on NPR that these pardons by the Gov. of Mississippi are all up for review.


Chuck

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Don't want to take HB's side because I could start a whole other thread on what I don't like about the guy. If he didn't go through the proper legal procedures then screw him. But... this isn't the criminals gone wild scenario people think its going to be. I read somewhere that 187 of the 200 inmates had already served their full sentence. The pardons were given as a means of retoring some of their rights they otherwise wouldn't have like gun ownership, etc.

The other thing like was stated above these are inmates that served at the governors mansion chosen by prison officials. Usually those no longer deemed a threat to society or have had good behavior and eligible for parole anyway.

I really think this is more an example of media gone wild. However, he didn't follow the rules of the pardons as far as the 30 day waiting/review period, so he's wrong no matter which way you slice it.



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You make good points. Having said that, there have been times when presidents and governors have granted a few pardons in their last days in office that are terribly insensitive or downright appalling. One example of that is Barbour's pardon of the murderer who shot the woman who was holding her baby, and then shot the baby.

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Indeed, NT Christians have no hope of election in a state full of OT Christians.
...

The only sure way to survive a canopy collision is not to have one.

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The other thing like was stated above these are inmates that served at the governors mansion chosen by prison officials. Usually those no longer deemed a threat to society or have had good behavior and eligible for parole anyway.

I really think this is more an example of media gone wild. However, he didn't follow the rules of the pardons as far as the 30 day waiting/review period, so he's wrong no matter which way you slice it.



One of those pardons shot and killed a woman and her young child as she held the child in bed , another shot and killed someone in the course of a robbery. I would say they will always be a threat to society.

HB says that they were great guys and that he never saw any violent side to them; no fucking shit. All these guys have to do is behave for a few years and then they know their out of there.

I bet there is still a shit load of people in prison for non-violent drug convictions, those are the ones that should be pardoned, not cold blooded killers.

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I can't really disagree with anything you said. I was not fully aware of all the crimes committed and the motives behind them, but a mother and child killer should never be set free under any circumstance.

I don't like it any more than you do. I was mainly speaking for the majority of the pardons. What were the prison officials thinking allowing a guy like this to serve at the mansion knowing full well he'd get a pardon? Somebody has some connections somewhere. Mississippi politics as usual. I've only lived here for 4.5 years and I've never seen as much political corruption at all levels of govt as I have in this state.



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