The Mississippi pardons were indeed valid

[Aardvark154]

Perhaps someone else can manage find the orginal thread.

However in response to the the thread about the Mississippi pardon's back in January. The Supreme Court of Mississippi today held 6-3 that former Governor Barbour's pardon's were valid - "that — in each of the cases before us — it fell to the governor alone to decide whether the Constitution's publication requirement was met."

Said former Governor Barbour in reaction "in this decision, the Supreme Court has reaffirmed more than a century of settled law in our state. But this was not only about the power of the pardon or even the power of the office, but about the ability of a governor to grant mercy."

To which I would point out that in the Anglo-American-Canadian tradition the power of mercy is one of the oldest and most important.

 

[WoodPeckr]

So this shows how Mississippi now feels about 'Law & Order', eh counsel?....:Eek:

 

[rld]

Perhaps someone else can manage find the orginal thread.

However in response to the the thread about the Mississippi pardon's back in January. The Supreme Court of Mississippi today held 6-3 that former Governor Barbour's pardon's were valid - "that — in each of the cases before us — it fell to the governor alone to decide whether the Constitution's publication requirement was met."

Said former Governor Barbour in reaction "in this decision, the Supreme Court has reaffirmed more than a century of settled law in our state. But this was not only about the power of the pardon or even the power of the office, but about the ability of a governor to grant mercy."

To which I would point out that in the Anglo-American-Canadian tradition the power of mercy is one of the oldest and most important.

What a bizarre decision. The idea that the head of the executive has sole power to decide in constitutional requirements are met...is absurd.

 

[Aardvark154]

It is my speculation RLD that without wishing to come right out and so rule, they are troubled by attempting to limit the pardoning power, rightly seeing it as a check upon the legal system.

 

[rld]

It is my speculation RLD that without wishing to come right out and so rule, they are troubled by attempting to limit the pardoning power, rightly seeing it as a check upon the legal system.

I can see that approach. Still not comfortable with their reasoning.

 

[WoodPeckr]

This decision is a total Mockery of the notion the GOP supports 'Law & Order'!.....

 

[Asterix]

This decision is a total Mockery of the notion the GOP supports 'Law & Order'!.....

The decision was made by one man. While I would not have guessed Barbour would have made such a move, he always struck me as a thoughtful man, and I assume was following his conscience. 90% of the men pardoned were already effectively out of the justice system. Those remaining he decided had done enough time. Could he have been wrong? Of course. But the justice system has two ultimate discretions. The power of vengeance or the power of mercy, as Aardvark suggested. Mistakes can be made either way, but I would rather make a merciful one than the other, and I think that is what motivated the Governor.

 

[WoodPeckr]

So say many of those pardoned had serious and costly medical problems and the main reason was to save Mississippi some money by cutting them loose from medical treatments they were entitled to while in prison. Sort of a GOPer style 'death panel'....:Eek:

 

[Asterix]

So say many of those pardoned had serious and costly medical problems and the main reason was to save Mississippi some money by cutting them loose from medical treatments they were entitled to while in prison. Sort of a GOPer style 'death panel'....:Eek:

You have personal knowledge of this or just blowing air? Regardless, if it were me, I would rather be out of jail then in.

 

[nottyboi]

I like the this power being granted to the executive. It is a a great thing. If a man is deemed responsible enough to be elected governor or president, surely he can make a reasonable judgment to grant clemency to a person. The judicial system is extremely error prone and has delivered many great miscarriages of justice. This gives the executive the power to bypass that system, look at the facts and correct a wrong. There have been a few questionable pardons, but on the whole it has worked very well in the interest of justice.

 

[nottyboi]

I can see that approach. Still not comfortable with their reasoning.

It only grants the gov. this right in a minor technicality.. don't get your knickers in a knot. Surely a man elected as the chief executive of the state can be entrusted to make such a judgment in such a minor issue.

 

[WoodPeckr]

You have personal knowledge of this or just blowing air? Regardless, if it were me, I would rather be out of jail then in.

CNN reported that and claim they get better medical care in Mississippi prisons than if they were released and thrown out on the streets.

 

[Asterix]

CNN reported that and claim they get better medical care in Mississippi prisons than if they were released and thrown out on the streets.

To keep this in perspective, there were 215 people who received some sort of clemency. Nearly 190 of those were already out of prison. Of those remaining there were 13 with serious medical conditions. Whether they went home to family or wound up on the streets, you have no better knowledge than I do. Hopefully they have someone. But I understand his decision and it gives some idea of the inadequacies of the prison system in the US, especially in a piss poor state like Mississippi.

 

[rld]

It only grants the gov. this right in a minor technicality.. don't get your knickers in a knot. Surely a man elected as the chief executive of the state can be entrusted to make such a judgment in such a minor issue.

The concept that the chief of the executive branch can unilaterally decided when constitutional compliance has been achieved is quite alien to normal constitutional jurisprudence.

I don't live in that state, but the reasoning is troubling.

 

[WoodPeckr]

I don't live in that state, but the reasoning is troubling.

Conservative Folks think kinda 'funny' in Dixie....:crazy: