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Terez
01-12-2012, 06:53 AM
I'm sure many of you have heard by now of the ridiculous number of pardons that Haley Barbour handed out in his last few days in office, including several murderers (including Brett Favre's brother, who was in on a manslaughter charge for driving in front of a train while drunk - he survived, but his passenger did not). Anyway, now some of those pardons are being challenged:

http://www.sunherald.com/2012/01/11/3681468/judge-halts-release-of-21-prisoners.html


"Unfortunately Governor Barbour didn't read the Constitution." LOL. Most disturbing was his first batch of pardons, given to men who killed their wives/girlfriends. Not a very good message, there.

GonzoTheGreat
01-12-2012, 07:01 AM
"Unfortunately Governor Barbour didn't read the Constitution." LOL.
From the article:
“Approximately 90 percent of these individuals were no longer in custody, and a majority of them had been out for years,” Barbour said.
...
The Mississippi Constitution says any inmate seeking a pardon must publish notice about his intentions for 30 days in a newspaper in or near the county where the person was convicted before a pardon is granted.
If someone is out of prison again, does he or she then still count as an "inmate" according to the Mississippi Constitution?
If not, then it would seem that this requirement actually does not apply to them at all.

Of course, I have no idea whether or not this is relevant; it may be that some or all of those who actually got out of prison as a result of this failed to properly advertise in advance.

Terez
01-12-2012, 07:03 AM
I don't think that those are the ones being challenged. In any case, all of these guys in office now are going to do their best to put the murderers back in jail. They're the ones doing the interpreting. And they have to run for reelection, unlike Barbour. And as a prosecutor, the attorney general took the pardons as 'a slap in the face', in his words. Don't blame him. It's one thing to let non-violent drug offenders go. Another thing entirely to set murderers free.

Davian93
01-12-2012, 07:31 AM
I dont see that you can reverse a pardon...its part of his executive power as governor to issue them. I also assume that he does not ever plan on running for office (either Senate or President) in the future...

Terez
01-12-2012, 08:46 AM
I dont see that you can reverse a pardon...its part of his executive power as governor to issue them.Read the article. :p He violated certain Constitutional restrictions.

I also assume that he does not ever plan on running for office (either Senate or President) in the future...Of course not. He's going back to lobbying.

Ivhon
01-12-2012, 09:38 AM
I think it is bizarrely fascinating that the private press - not the legislature or judiciary - has such a clear check on executive power.

Terez
01-12-2012, 11:41 AM
I think it is bizarrely fascinating that the private press - not the legislature or judiciary - has such a clear check on executive power.If only it were a more efficient and dependable check...

Davian93
01-12-2012, 11:43 AM
If only it were a more efficient and dependable check...

The 4th Estate is fairly dependable...at least it used to be.

Uno
01-12-2012, 03:41 PM
I think it is bizarrely fascinating that the private press - not the legislature or judiciary - has such a clear check on executive power.

It's not the press that has a check on anything, exactly, it's the persons seeking a pardon that have to publish their intentions. The press is just the practical vehicle through which this is done.

It's more like the old requirement to publish banns of marriage before matrimony, or the modern requirements to publish advertisements to allow potential creditors to make claims against an estate.

Terez
01-12-2012, 04:39 PM
I assumed he was talking about a more indirect check, i.e. they publish the news about the pardons, and the public goes crazy about it, and then the politicians do something about it.

Ivhon
01-12-2012, 04:42 PM
Actually I meant the direct check I would have as Managing Editor or owner of the private enterprise.

"No sir, Mr. Convict, I respectfully decline your ad money and politely refuse to publish your request for pardon."

Note that this can be used to keep a convict I don't like incarcerated and to create impediments for a Governor that I don't much care for.

Terez
01-12-2012, 04:43 PM
The 4th Estate is fairly dependable...at least it used to be.I wonder what changed (http://en.wikipedia.org/wiki/Telecommunications_Act_of_1996).

Cor Shan
01-12-2012, 06:20 PM
Does this free the convicted, or does it merely mitigate their death sentence?

Sukoto
01-12-2012, 06:36 PM
Does this free the convicted, or does it merely mitigate their death sentence?
A governor's pardon does free the convicted. The article didn't talk about the death penalty. Only 20 or so of the 200 cases were inmates who were released or were slated to be released from prison. The rest were already out of prison on parole. There was no mention of any of the pardons stopping the death penalty. It only mentioned that some of the cases were for crimes like murder, manslaughter, assault, rape, etc.

Cor Shan
01-12-2012, 08:55 PM
A governor's pardon does free the convicted. The article didn't talk about the death penalty. Only 20 or so of the 200 cases were inmates who were released or were slated to be released from prison. The rest were already out of prison on parole. There was no mention of any of the pardons stopping the death penalty. It only mentioned that some of the cases were for crimes like murder, manslaughter, assault, rape, etc.

Ah. I saw pardoned, Governor, and *southern US State* and assumed it was the old "Governor does whatever to stop death penalty" trope that I only know about from the Simpsons.

Terez
01-12-2012, 09:19 PM
Barbour never commuted a death sentence. There were 8 executions during his tenure.

GonzoTheGreat
01-13-2012, 04:13 AM
I'll pardon Cor Shan for making the wrong assumption.

And, given the way in which newspapers are toppling left and right because of lack of readers, I'm wondering what would happen if the request for a pardon had to be published in an out of state newspaper. Then no one in Mississippi itself would be in an obvious position to read it, but it would still ssatisfy the requirement from the Mississippi Constitution.

Uno
01-13-2012, 04:42 AM
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.


What does a newspaper in the county where the crime was committed mean, anyway? That it has to have its headquarters there? Or that its available there? In the latter case, that could be an online paper published pretty much anywhere in the world. The clause does not say that this paper has to be printed, after all.

Terez
01-13-2012, 05:13 AM
The clause probably predates the internet. And not every county has a newspaper, so I assume they're talking about distribution areas.

Uno
01-13-2012, 05:53 AM
The clause probably predates the internet. And not every county has a newspaper, so I assume they're talking about distribution areas.

It obviously predates the internet, yes, but if it's about the distribution area, the internet is very relevant here. The intention must have been that it would be possible for interested parties in the county to read the petition and file any objections they might have to it. That's certainly possible if the petition is published in an online paper. This makes it much less likely that editors can simply block it by refusing to publish.

DaiShan1981
01-13-2012, 06:35 AM
Maybe he's expecting to go to jail in the near future and wants to garner some support from his cellmates.

GonzoTheGreat
01-13-2012, 06:58 AM
Maybe he's expecting to go to jail in the near future and wants to garner some support from his cellmates.
Would that work?

Those cell mates might wonder why he didn't spring them free when he had the chance to do so. They might even ask him, having a good opportunity for that and all.

Terez
01-13-2012, 06:44 PM
And the plot thickens (http://slatest.slate.com/posts/2012/01/11/mississippi_gov_haley_barbour_pardons_murders_bret t_favre_s_brother_earnest_scott.html?)...

DaiShan1981
01-14-2012, 05:01 AM
Ooh, "nation-wide man hunt", maybe he wants to get in the entertainment industry instead :)

Terez
01-14-2012, 12:48 PM
Just heard through the comments at my local paper (from one of the victims' family members) that the releases that had been halted have now gone forward. I wonder if that means the manhunt is called off.

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