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Tuesday, December 13, 2005


just a quick posthumous review for any governors that might have difficulty with the concept (from merriam-webster):

Main Entry: clem·en·cy
Pronunciation: ‘kle-m&n(t)-sE
Function: noun
Inflected Form(s): plural -cies
1 a : disposition to be merciful and especially to moderate the severity of punishment due b : an act or instance of leniency

and in case someone still has trouble with the idea, what that says is that clemency is not an “extra-judicial appeal process” or a “last-chance case review” or “examination of evidence.”

in the case of california, this shows up in article 5, section 8 of the california state constitution, reproduced for your convenience:

(a) Subject to application procedures provided by statute,the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.
(b) No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute. The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which the parole authority is required to consider. The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.

posted by roj at 6:17 am