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11 J. Marshall L.J. 138 (2017-2018)
Pardon Me Please: Why the Power of Clemency Should Include the Governor

handle is hein.journals/jmlwj11 and id is 144 raw text is: PARDON ME PLEASE: WHY THE POWER OF CLEMENCY SHOULD INCLUDE THE GOVERNOR Rodrequez Burnett INTRODUCTION A state's Constitution grants the Governor, a Board of appointed members, or a combination of both, the power of clemency. Clemency is the power of leniency or mercy, given to a public official to lower or moderate the harshness of punishment imposed on a prisoner. The Constitution of the State of Georgia provides for the creation of a State Board of Pardons and Paroles, consisting of five members appointed by the Governor and subject to confirmation by the state Senate. The Board is vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.' Because the Board is vested with such power, which is executive in nature, no other body is authorized to usurp or substitute its functions for the functions of the board. The reason for such a grant of power is to enable the Board to remain independent in its decisions and efficiently yield the clemency power. Recently the Georgia Court of Appeals has raised some concern with the policies and procedures implemented by the Board.2 Specifically, when a Board member admitted that no real criteria exist for granting a pardon and that the decision is very subjective. The court also mentioned the Board's failure to notify the victim or the District Attorney of the granting of a clemency hearing. While the decisions of the Board are unable to be overruled because of their executive nature, this is not the first time that the Board's conduct has been questioned. These instances include Board members missing entire portions of hearings3, a member or members of the Board assertedly making statements against granting clemency in general', and even instances where the Board and the inmate were in litigation against one another.' This note will focus on the need to create standards for 1 GA. CONST. ART. IV, § II, ¶ 11 (a). 2 Davis v. State, 340 Ga. App. 652, 798 S.E.2d 474, 482 (2017). 3 Gilreath v. State Bd. of Pardons and Paroles, 273 F.3d 932 (11th Cir. 2001). ' Parkerv. State Bd. of Pardons and Paroles, 275 F.3d 1032 (11th Cir. 2001). 5 Fugate v. State Bd. of Pardons and Paroles, 2002 WL 34185124 (Ga. Supr. Ct. 2002).

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