Use of the Texas Governor's Pardon Powers - Paper Exampe

The general public dialect of pardon translates it to forgive an individual's offense or mistake. According to legal terms, 'pardon' gets described as an action of grace. It proceeds from the authority bestowed with the implementation of the law. It spares the person on whom it is placed upon from the reprimand the law imposes for a wrong doing committed by him or her. It impacts equally the fault of the criminal and the sentence given for the crime (Jamie pg. 22)The award of absolution brings the offender to the original place of innocence and removes the guilt of accused. It makes the guilty seem as if he had never performed a criminal act for which he was indicted. Under Federal law, the President of America and the Governors of States have the power to reprieves, award pardons, reliefs of the sentence, dispatch the verdict. The act governing provision of forgiveness is contained in Article II, Section 2, clause one, of the Constitution, under the authorities and responsibilities of the Head of the state (Jamie, pg.26). The Constitution allows the president and all state governors to grant a pardon. However, the Texas Governor, unlike governors in several states, cannot autonomously issue a ruling commutation or pardon. The paper will, therefore, focus on how the Governor of Texas uses his or her limited pardon powers and the implications of its use in both positive and negative aspects (Cooper et al., pg. 62).

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

The Governor of Texas possesses restricted powers of mercy, which assigns to him or her the ability to award reprieve from the criminal sentence. Currently, Greg Abbott is the governor of Texas. In cases of death punishment, the Governor of Texas can grant a thirty-day pardon. He can also provide suggestions to the Board of Pardons and Paroles on who to give mercy. However, The Governor can either reject or approve the panel's recommendations on punishment reductions or pardons (Jamie, pg. 44). Judges within all ranks of the judiciary of Texas get elected, he consequently exercises minimal control over the judiciary than the President of the U.S. The president, unlike the Texas' Governor, carries out all appointments to the court of the federal government. However, governors still have chances to impact the judiciary of the state. Such opportunities arise because the Governor selects judges to fill vacant positions that are as a result of removal, death, the establishment of additional courts or resignation (Ruckman pg. 52)

Before the amendment of the 1934 constitution, the Governor of Texas had sovereign absolution powers. The constitutional amendment eliminating such authorities was supplemented after Miriam alongside Jim Ferguson got indicted of vending forgiveness during her reign as Governor. Lately, governors have sparingly exercised clemency powers they possess. There has been an increase of criticism and scrutiny over the request of the death sentence in the state, with new technology old cases can get reviewed quickly. Governors have utilized official pardon to bounce disapproval through permitting for further assessment of cases involving the death penalty. Such instances have become uncommon, given the feeble disagreement to capital punishment. When the convincing question about conducting a sentence arises in a case, governors get to be eventually in a secure situation. Providing a thirty-day pardon appears judicious but not entirely lenient on offenders since the governor is not in a position to avert an execution on his will. If a slip-up is found leading to an unjust execution barred, the governor is presumed to seem just and careful. Despite such instances, governors of Texas over the years have granted such pardons relatively on rare occasions (Ruckman, pg. 38).

Constitution of Texas

Executive pardon

Under the Discretionary Mechanisms for Restoration there exists the executive pardon in the Texas constitution. There exist guidelines on how clemency is issued by the governor of Texas as mentioned below.

Authority

In the Texas Constitution Article 4, section 11(b), the governor of Texas is not permitted to provide an absolution unless when a printed positive endorsement from a popularity of the Board members. The exception applies where a 30-day pardon is required in a death sentence. The Board comprises of seven people chosen by the governor for a surprising six-year period. Members of the board are full-time employees of the government. The chair of this particular committee is selected by the governor. The appointed members can be fired by the governor who chose; however, those chosen by a different governor will only be removed on the ground for the cause (Olsen par. 2).

Suitability of a candidate

Clemency becomes applicable upon conclusion of punishment. Other monetary duties and outstanding fines cannot hinder deliberation (Ruckman, pg. 44).

Effects of Pardon

Positive Effects

Full release according to the Texas Constitution is described as an unqualified deed of executive kindness by the governor that helps to discharge the offender from the restrictions imposed on him or her by law 37 Tex. Admin. Code 141.111. According to the act, pardon reinstates all public rights denied as a consequence of sentence. Such rights may include but not limited to the entitlement to work as an estate executor, and the right to hold a public office. It also removes obstacles to some professional licensing and forms of employment. The state board recommends that authorizations be approved at the choice of authorizing panels of the state for every vocation. Therefore, restoring eligibility licensing in a specific profession ought to get acquired from the particular certifying board ("The Presidents Pardon Power and Legal Effects on Collateral Consequences").

Adverse Effects

Having obtained a full pardon, makes the offender qualified to seek for an expungement from the court. Expunction occurs on entire proceedings relating to the correct verdict. Nevertheless, pardon in the aforementioned does not spontaneously eliminate the registers of the criminal. The offender in Texas must apply to the county court where he or she was found guilty. However, no Texas regulation demands that landlords, licensing agencies and employers to overlook the previous verdicts of an offender. It is advisable to give such interested parties a copy of your pardon to enable them to recognize you are absolved of that particular sentence ("The Presidents Pardon Power and Legal Effects on Collateral Consequences"). When a conviction is expunged, the offender can lawfully deny of ever being convicted of that particular crime. The issue of pardon does not restore the property or reinstate offices forfeited, or interests conferred upon others in outcomes of the judgment and conviction. It also creates a sense of mistrust where individuals issued with pardon are allowed to play the role of the jury when they were found not legally fit in the society.

Expungement following pardon

Conferring to pardon board of the state, "An individual getting a complete absolution after a verdict is eligible for a pardon of all archives of arrest connecting to the sentence. It requires the candidate to appeal for an expunction from the suitable court of the state. Upon expungement, a person might legally refute the statement of verdict. However, the offender needs to confess that she or he had a verdict that was deleted when placed under pledge during a felonious court process. Also, a full absolution does not discharge responsibility to get recorded as a sexual category criminal. However, a full forgiveness by virtuousness, also a special absolution, affirms the offender is innocent of law-breaking and offers for far-reaching liberty from lawful consequences of the particular sentence ("Texas - Guide to Pardon, Expungement & Sealing | CCRC").

Pardon application process in Texas

The applicant files a petition with the section of Board Executive Clemency, which carries out an inquiry. Each particular board members appraise each appeal and cast their ballot in the absence of consultation. The law of Texas consents to Board members acting their duties in matters of clemency without holding a meeting or public hearing as a body (Jamie pg. 72). Regarding this aspect, the state of Texas is exclusive among legislative absolution boards having policymaking power. Applicants for the first criminal restoration of rights do not have need of hearing, but three personality affidavits are necessary. A majority recommendation must be made by the board in writing to the head of the state. All such committee endorsements whether against or for clemency should be made public. The substantive criteria used in making decisions on the board in clemency matters is not published.

Frequency of Grants in Texas

The current Governor of Texas, Greg Abbott, has granted few pardons during his two years in office. He gave five releases in 2016, while a total of four in the same year. The pardons were issued to persons with trivial dated sentences. Nearly half were suggested to the former governor by the Paroles Board. Rick Perry, for the duration of his reign in Texas for ten years, approved full pardons which were approximately 200 in number. Several were pardoned for innocence while others to reinstate civil rights or firearms rights in addition to the 59 so-called Tulia defendants (Ruckamn, pg 19).

First Offender Process of Restoration in Texas

For both foreign alongside federal offense criminals with a single sentence, not concerning violence, guns, drugs, or weapons, the Governor possess the power reinstate their rights as civilians under Tex. Code Crim. Proc. art. 48.05. The power is reliant on getting a positive approval from the Board. This pardon reinstates all private human rights under the state laws of Texas which get forfeited by an offender due to the person's sentence on crime. A person convicted of a federal violation before, may not be eligible for reinstatement of civil rights denied in the state due to federal sentence if the offender got imprisoned of an infringement felony (Ruckman pg.62). Both the foreign and federal first lawbreakers get entitled for re-establishment of legal privileges two years upon foreign verdicts, while three years upon centralized government sentence. Lawbreakers may request directly to the Board or to the resident sheriff, who delivers it to the members of the Board. Currently, the Board receives two to three reinstatement of privilege applications annually but endorses only a maximum of two.

Reports and Case Example

Rick Perry, in his reign for nine years as governor of Texas, never saved a life grounded on a prerogative of innocence. He only delayed once a killing in such a sentence. In the same period, representatives of other death punishment states approved mercy for humanitarian cause at least 200 times. Illinois as a state approved 171 relying on queries of innocence. The report is based on a review done on public records, information and pardon statistics from the office of the governor (Jamie pg. 16).

Under the watch of Perry, Texas executed 200 offenders but managed to spare a single life of a condemned man. However, in this case, he was not obliged to do so by the Supreme Court of the U.S. In Texas, a pardon is almost never allowed. Surprisingly, 50 out of 200 past executions got handled without any pardon board review. Several other final pleas for mercy by death row inmates were disallowed for arriving after the deadline issued by the Board. Among the 35 death penalty states in the U.S., grant mercy authority to their governor. In other eight states, as well as Texas, the governor depends on commendations from a parole panel.

The Willingham case

The former Governor of Texas came under scrutiny for the quick discharge of a request for a pardon from Camero...