NCJ Number
12155
Date Published
1973
Length
235 pages
Annotation
STUDY OF STATE LAW OF PARDON, PARDONING PRACTICES AND PROCEDURES, INCLUDING HISTORICAL BACKGROUND OF CLEMENCY AND LONG-TERM AND PROCEDURAL RECOMMENDATIONS.
Abstract
THIS STUDY CONCENTRATES ON THE LIMITS TO WHICH PARDONING AUTHORITIES SHOULD RESTRICT THEIR ACTIVITIES IN ORDER TO OPTIMIZE THEIR POSITIVE INFLUENCE ON THE CRIMINAL JUSTICE SYSTEM. THE STUDY BEGINS BY TRACING THE DEVELOPMENT OF THE PARDONING POWER FROM ITS EARLIEST BEGINNINGS IN ANCIENT CULTURES TO THE CONSTITUTIONAL PROVISIONS AND ADMINISTRATIVE CODES GOVERNING ITS EXERCISE IN PENNSYLVANIA TODAY. IT THEN REVIEWS RELEVANT CASE LAW DEFINING THE NATURE AND EXTENT OF THE STATE'S PARDONING POWER. A DISCUSSION OF THE ADMINISTRATIVE POLICIES, WORKING PROCEDURES AND DECISION-MAKING PROCESSES OF THE BOARD OF PARDONS IS FOLLOWED BY EXAMINATION OF THE STUDY FINDINGS. A LIST OF RECOMMENDATIONS FOR LONG-TERM AND PROCEDURAL CHANGES RANGING FROM CONSTITUTIONAL REVISION TO ADMINISTRATIVE REFORM APPEARS AT THE END. THIS IS FOLLOWED BY A SERIES OF SUPPORTIVE APPENDIXES COMPRISED OF THE MODEL SENTENCING ACT DRAFTED BY THE NCCD COUNCIL OF JUDGES AND PRESENTATION OF THE RESULTS OF BOARD OF PARDONS' ACTIONS. (AUTHOR ABSTRACT MODIFIED)