Should this practice be halted? If we truly have 3 equal branches of government, how can the Executive branch be allowed to overrule the Judicial branch like this? Can the Legislative branch take this power away if they have a veto proof majority?

Do you mean Executive orders ?

Do mean commutations of sentences of criminals?

 

If you're talking about the president, then no, Congress can't take that away simply by supermajority. They'd need the states to ratify a repeal of that section of Article II of the Constitution that grants him the power of pardon or reprieve.

 

If you're talking about the governor of Kentucky, then Section 77 of the Kentucky Constitution would have to be amended to repeal the section granting the Commonwealth executive office the power of pardon and reprieve. In Kentucky, that generally means that the legislature puts forth an amendment to be voted on in general election.

Do you mean Executive orders ?

 

No, I am referring to Pardons and criminal sentence commutations.

Do mean commutations of sentences of criminals?

 

If you're talking about the president, then no, Congress can't take that away simply by supermajority. They'd need the states to ratify a repeal of that section of Article II of the Constitution that grants him the power of pardon or reprieve.

 

If you're talking about the governor of Kentucky, then Section 77 of the Kentucky Constitution would have to be amended to repeal the section granting the Commonwealth executive office the power of pardon and reprieve. In Kentucky, that generally means that the legislature puts forth an amendment to be voted on in general election.

 

Thanks for this! I wonder if there is any heart for such legislative action either locally or nationally?

Thanks for this! I wonder if there is any heart for such legislative action either locally or nationally?

 

I'm not sure why there would be. Generally these are very low numbers and typically involve circumstances that are not cut and dry.

 

I believe having the option is a good thing. If we rely soley on the criminal justice system to be always equitable and fair, we miss....

Each case should be judged on its own merits. Hopefully any executive will not abuse the power they have been granted.

Yes, hopefully...but in today's political climate, abuse of power and the usurping of power seem to be the new normal.

If they're good why do always seem to occur on the way out the door?

I'm not sure why there would be. Generally these are very low numbers and typically involve circumstances that are not cut and dry.

 

I believe having the option is a good thing. If we rely soley on the criminal justice system to be always equitable and fair, we miss....

 

The courts will never be 100% correct in their decisions. That said, in a courtroom setting both sides receive equal opportunity to present a case and decisions are made after careful deliberation. When an Executive issues a pardon, often they have been lobbied by only one side of the argument and more often, they choose to review cases based on a particular, internal agenda.

The courts will never be 100% correct in their decisions. That said, in a courtroom setting both sides receive equal opportunity to present a case and decisions are made after careful deliberation. When an Executive issues a pardon, often they have been lobbied by only one side of the argument and more often, they choose to review cases based on a particular, internal agenda.

 

If you believe that this process is not present in our court system....you need to dig a little deeper. A lot of similarities in both....

[/b]

 

If you believe that this process is not present in our court system....you need to dig a little deeper. A lot of similarities in both....

 

I have no doubt that there are similarities, but the Court system at least has a system of checks and balances to try to ensure a fair process. Court cases are also presented in an open forum, in the light of day. These things are non existent in the Executive pardon arena.

I have no doubt that there are similarities, but the Court system at least has a system of checks and balances to try to ensure a fair process. Court cases are also presented in an open forum, in the light of day. These things are non existent in the Executive pardon arena.

 

If you believe that most cases are not settled in chamber or the prosecutors table prior to the judges arrival....again, please dig deeper. Juries are exceptions rather than rules on most dockets

If you believe that most cases are not settled in chamber or the prosecutors table prior to the judges arrival....again, please dig deeper. Juries are exceptions rather than rules on most dockets

 

Settled after both sides have input and discussion. Not the case in pardons.

Settled after both sides have input and discussion. Not the case in pardons.

 

Settled by the parties, but not necessarily a representation of equitable justice for the accussed. You obviously understand the system, yet you won't acknowledge that this process is tainted ?

 

Do you think that pardons have no input or discussion ?

 

Pardons tend to not be open and shut conviction, they typically contain information that are unaccounted for during the trial process, many times because of procedural issues.

 

Pardons level the playing field in the justice arena