NCJ Number
39273
Journal
American Criminal Law Review Volume: 14 Issue: 2 Dated: (FALL 1976) Pages: 335-345
Date Published
1976
Length
11 pages
Annotation
REVIEW OF A FEDERAL COURT DECISION IN BJERKAN V US (1975) WHICH DETERMINED THAT IF A PETITIONER'S FEDERAL AND STATE CIVIL RIGHTS WERE RESTORED BY PRESIDENTIAL PARDON, NO COLLATERAL CONSEQUENCES OF CONVICTION WOULD REMAIN.
Abstract
THIS COMMENT EXAMINES TWO ISSUES - WHETHER A PRESIDENTIAL PARDON RESTORES STATE CIVIL RIGHTS, AND, IF SO, WHETHER THERE ARE OTHER COLLATERAL CONSEQUENCES REMAINING SUFFICIENT TO MAINTAIN JURISDICTION ON A 28 USC SECTION 2255 (PETITION TO VACATE SENTENCE PRESENTED TO SENTENCING COURT) PETITION. THE SOURCE, SCOPE, AND EFFECT OF PRESIDENTIAL PARDON POWER ARE ANALYZED TO DETERMINE THE IMPACT OF A PRESIDENTIAL PARDON ON THE RESTORATION OF A CONVICTED OFFENDER'S CIVIL RIGHTS. COLLATERAL CONSEQUENCES AND JURISDICTION UNDER SECTION 2255 AND THE 'FURTHER PUNISHMENT TEST' USED BY FEDERAL COURTS TO DETERMINE THE VALIDITY OF PETITIONS TO VACATE SECOND OFFENSE SENTENCES WHERE THE FIRST CONVICTION WAS PARDONED ARE DISCUSSED. THE AUTHOR CONCLUDES THAT THE FAILURE OF THE BJERKAN COURT TO FORBID ALL STATE-IMPOSED DISABILITIES ON PARDONED OFFENDERS DEPRIVED THE PETITIONER OF A FAIR ADJUDICATION OF HIS CLAIMS AGAINST THE ILLEGALITY OF HIS CONVICTION AND SENTENCE AND ALLOWS SUCH ADVERSE COLLATERAL CONSEQUENCES TO REMAIN UNCHALLENGED....EB