Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
In many states boards of pardon have been provided for sharing with the
governor the responsibility for the exercise of this important
prerogative.[15] These boards are of two kinds: first, those whose powers
are limited to the hearing of applications for pardons and the making of
recommendations to the governor, who is not bound by their advice; and
second, those whose approval is necessary for the validity of any pardon
granted by him. Convictions for treason and in impeachment cases are
frequently excepted from the list of cases in which the governor may
grant pardons, though in the case of treason he is sometimes given the
power to suspend the execution of the sentence to await the action of
the legislature. In a number of states notice of an application for a
pardon must be published in the community where the applicant was
convicted, in order that the people of the community who have been
injured by his crime may have an opportunity to protest against the
granting of a pardon to him. Sometimes also the approval of the
presiding judge of the court in which the criminal was convicted is
necessary before a pardon may be granted. It is usual to require the
governor to make a report to the legislature at each session of all
pardons granted, and at the same time give the reason in each case why a
pardon was issued.
[15] In several states certain of the state officers, one of whom is
the attorney-general, serve as the pardon board; in others, it is the
senate; and in Massachusetts and Maine it is the executive council.
Generally with the right of pardon is included the power to grant
reprieves, that is, stays of execution; commutations, that is, the
substitution of a lesser punishment in the place of the one imposed; and
remission of fines and forfeitures. The right also usually includes the
power of amnesty or the power of granting by proclamation pardons to
large numbers of persons, as in the case of uprisings or insurrections
against the laws and authority of the state. A pardon may be absolute or
conditional; in the first case, it is granted without restriction; in
the second case, it is valid only on certain conditions, as where the
offender is required to lead an upright life or where he is required to
leave the state. Generally the governor of the state, unlike the
President of the United States, has no power to grant a pardon to an
individual offender before he has been convicted.
=State Boards and Commissions.=--One of the remarkable political
tendencies of recent years has been the multiplication of boards and
commissions to aid in the government of the states. Every state now has
a number of such boards, and in some of the populous commonwealths such
as New York and Massachusetts there are upwards of a hundred of them.
Hardly a legislative session passes that does not create one or two
commissions for some purpose or other. These boards or commissions fall
roughly into five classes, as follows:
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