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Clemency: Legal Authority, Procedure, and Structure Clemency:I/ Legal Authority, Procedure, and Structure A publication of Research and Information Service National Center for State Courts 300 Newport Avenue Williamsburg, Virginia 23185 Prepared by Samuel P. Stafford I1 / Publication No. ROO35 December 1977 The preparation of this document was financially aided through a grant from the California Office of Criminal Justice Planning with funds awarded by the Law Enforcement Assistance Administration of the U.S.Department of Justice. Points of view or opinions stated in this publication are those of the author and do not necessarily represent the position of the State of California or the U.S.Department of Justice. The Law Enforcement Assistance Administration reserves the right to reproduce, publish, translate, or otherwise use, and to authorize others to publish and use, all or any part of the copyrighted material contained in this publication. Copyright 1977 National Center for State Courts National Center for State Courts The National Center for State Courts is a nonprofit organization dedicated to the modernization of court operations and the improvement of justice at the state and local level throughout the country. It functions as an extension of the state court systems, working for them at their direction and providing for them an effective voice in matters of national importance. In carrying out its purpose, the National Center acts as a focal point for state judicial reform, serves as a catalyst for setting and implementing standards of fair and expeditious judicial administration, and finds and disseminates answers to the problems of state judicial systems. In sum, the National Center provides the means for reinvesting in all states the profits gained from judicial advances in any state. Board of Directors Edward E. Pringle, Chief Justice, Supreme Court of Colorado, President C. William O’Neill, Chief Justice, Supreme Court of Ohio, Vice President Sylvia Bacon, Associate Judge, Superior Court, District of Columbia Roland J. Faricy, Judge, Ramsey County Municipal Court, St. Paul, Minnesota James A. Finch, Jr., Justice, Supreme Court of Missouri M. Michael Gordon, Judge, Municipal Court of Houston, Texas Robert H. Hall, Justice, Supreme Court of Georgia .Lawrence W. I’Anson, Chief Justice, Supreme Court of Virginia E. Leo Milonas, Supervising Judge, Criminal Court of the City of New York William S. Richardson, Chief Justice, Supreme Court of Hawaii Joseph R. Weisberger, Presiding Justice, Superior Court of Rhode Island Robert A. Wenke, Presiding Judge, Superior Court, Los AngeIes, California ... 111 Alice L. O’Donnell, Federal Judicial Center, Washington, D.C., Secretary-Treasurer Advisory Council John S. Clark, Esq., Petoskey, Michigan, Chairman Lyman M. Tondel, Jr., Esq., New York, New York, Vice Chairman Staff Edward B. McConnell, Director, Denver, Colorado Arne L. Schoeller, Deputy Director, Williamsburg, Virginia Barry Mahoney, Associate Director for Programs, Denver, Colorado Alexander B. Aikman, Director, Mid-Atlantic Regional Office, Williamsburg, Virginia Francis L. Bremson, Director, North Central Regional Office, St. Paul, Minnesota Charles D. Cole, Director, Southeastern Regional Office, Atlanta, Georgia Samuel D. Conti, Director, Northeastern Regional Office, Boston, Massachusetts Grant Davis, Director, South Central Regional Office, Norman, Oklahoma Larry L. Sipes, Director, Western Regional Office, San Francisco, California I zv Council of State Court Representatives Alabama Maine Oregon C. C. Torbert. Jr. Sidney W. Wemick Loren D. Hicks Chief Justice. Supreme Court Associate Justice, Supreme Judicial State Court Administrator - Court Council Vice Chairman Alaska Roger G. Connor Maryland Pennsylvania Justice, Supreme Court William H. Adkins U Samuel 1. Roberts Stale Court Administrator Justice, Supreme Court Arizona Frank X. Gordon, Jr. MaJsachusetts Rhode Island Justice, Supreme Court Robert M. Bonin Walter J. Kane Chief Justice, Superior Court Court Administrator Arkansas C. R. Huie, Executive Secretary Michigan South Carolina Judicial Department. Supreme Court John P. Mayer I. Woodrow Lewis Associate Administratoi Chief Justice. Supreme Court California Rose Elizabeth Bird Minnesota South Dakota Chief Justice, Supreme Court Laurence Harmon Roger L. Wollman State Court Administrator Justice. Supreme Court Colorado James D. Thomas Tennessee State Court Administratoi Mississippi R. P. Sugg Cletus McWilliams Justice. Supreme Court Executive Secretary. Supreme Conneetieut court John P. Comer Missouri Justice. Supreme Court Texas John E. Bardgen Judge, Supreme Court Joe R. Greenhill Delaware Chief Justice, Supreme Court Daniel L. Hewn Chief Justice, Supreme Court Montana Utah Daniel J. Shea Thodey K. Swan District of Columbm Justice. Supreme Court Chief Judge, Utah Judicial Theodore R. Newman, Jr. Council Chief Judge, Court of Appeals Nebraska Paul W. White Vermont Florida Chief Justice, Supreme Court Albert W. Barney, Jr. Arthur 1. England, Jr. Chief Justice. Supreme Court Justice. Supreme Court Nevada Howard W. Babcock Virginia Ceorgia Judge, District Court Albertis S. Harrison, Jr Julian Webb ~ Justice, Supreme Court Judge. Court of Appeals New Hamphirr John W. King Washington Hawaii Justice. Superior Court Orris L. Hamilton Tom T. Okuda Justice. Supreme Court Deputy Administrative Director New Jersey of the Courts Richard 1. Hughes West Virginia Chief Justice, Supreme Court Fred H. Caplan Idaho Chief Justice, Supreme Court Charles R. Donaldson New Mexico Justice. Supreme Court John B. McManus. Jr. Wisconsin Chief Justice. Supreme Court Nathan S. Heffernan Illinois Council Chairman Justice. Supreme Court Joseph H. Goldenhenh Justice. Supreme Court New York Wyoming Richard 1. Bartlett Rodney M. Guthrie Indiana State Administrative Judge Chief Justice. Supreme Coun Richard M. Givan Chief Justice. Supreme Court North Carolina American Samoa Bert M. Montague, Director K. William O'Connor Iowa Administrative Office of the Chief Justtce. High Coun W: W: Reynoldson courts Justice. Supreme Court Guam North Dakota Paul I. Abbate Kansas Acting Chief Judge David Prager William L. Paulson of the Courts Justice. Supreme Court Justice. Supreme Court Ohio Puerto Rico Kentucky C. William O'Neill Jose Trias Monge James S. Chenault Chief Justice. Supreme Court Chief Justice. Supreme Court Judge. 25th Judicial District Louisiana Oklahoma Virgin Islands Pascal F. Calogero. Jr. B. Don Barnes Eileen R. Petersen Ju\tice. Supreme Court Justice. Supreme Court Judge. Territorial Court V Table of Contents Foreword ............................................................................ xi Introduction ......................................................................... xiii... ... The Basic Rationale for the Clemency Power ......................... xiii Grounds for Clemency ..................................................... xvi 1. The Exercise of the Clemency Power ...................................... 1 ' Interaction among the Executive. Legislative. and Judicial Branches of Government ........................................ 1 Limitations on the Clemency Power ..................................... 2 The Civil and Political Disabilities ....................................... 3 Emerging Legal Trends .................................................... 4 2 . Survey of the Individual States .............................................. 7 Introduction .................................................................. 7 State Descriptions ........................................................... 8 Alabama ................................................................... 8 Alaska ....................................................................... 9 Arizona ................................................................... 11 Arkansas .................................................................. 12 California ................................................................. 12 Colorado .................................................................. 15 Introduction ........................................................... 15 Timetable .............................................................. 16 Executive Clemency Advisory Board ............................ 16 .. Standards for Clemency Determination .......................... 17 Use of Clemency Types ............................................ 17 Periodic Review ...................................................... 18 Clemency Procedures ............................................... 19 Concluding Procedures ............................................. 22 Clemency Reconsideration ......................................... 22 Conclusion ............................................................ 23 Connecticut .............................................................. 23 Delaware ................................................................. 24 Florida .................................................................... 25 Introduction ........................................................... 25 Timetable .............................................................. 25 Executive Clemency Board ........................................ 25 Clemency Coordinator .............................................. 26 Standards for Clemency Determinations ......................... 26 Types of Clemency .................................................. 26 Applicant Categories ................................................ 29 Clemency Procedures ...............................................
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