COMMENTARY | Over the years, executive pardons have generated controversies at state and federal levels. The recent public outrage over Mississippi Gov. Haley Barbour's decision to pardon several convicted killers again brings attention to the abusive nature of pardon powers. Before this controversy, there were serious questions regarding clemencies granted by former presidents Bill Clinton and George W. Bush. Should there be limits to this executive power?
The original intent of pardon power was to prevent miscarriages of justice. If a person was wrongly convicted or harshly sentenced, the president or governor will be able to correct the injustice. Unfortunately, many of the recent pardons drift from the law's true spirit. The clemencies recently granted by Barbour are perfect examples of this abuse.
In the case of the four convicted killers pardoned by the governor, there were never any reservations regarding the original convictions. Furthermore, popular support for these pardons is almost nonexistent. Barbour can't really claim he made these decisions for the public good.
The worst part about these pardons was the fact Barbour did not consult with or notify the families of the victims prior to making this decision. In an interview with Fox News, the governor defended his decision citing Christian values of forgiveness and compassion. Yet, he showed arrogance and insensitivity to the victims' families in his handling of the situation.
As the U.S. is a democracy, the idea one person holds the power to pardon any convicted criminal runs contrary to core democratic tenets. If jurors and not judges are tasked with deciding the fate of a defendant in court, why couldn't the legislative branch or the public have some say on pardoning decisions?
Since there are some merits to executive pardon powers, they should not be completely eliminated. But changes should be made to hold executive chiefs accountable for their pardons and commutations. Given that presidential pardon power is keenly protected by the U.S. constitution, any changes will have to take place at the state level. Hopefully, the recent controversy has raised enough public awareness on this important issue to empower corrective actions.
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