NCJ Number
52493
Date Published
1978
Length
161 pages
Annotation
PARDONS, COMMUTATIONS, AND REPRIEVES ARE EXAMINED AND THEIR USE IN LOUISIANA IS REVIEWED. LAWS GOVERNING EACH TYPE OF EXECUTIVE CLEMENCY AND THE STATUS OF THE INMATE AFTER RELEASE ARE ANALYZED.
Abstract
THE HISTORICAL USE OF EXECUTIVE CLEMENCY, CHANGING VIEWS OF CLEMENCY IN LOUISIANA LAW, AND ITS USE TODAY ARE THE FOCUS OF THIS STUDY. FOLLOWING AN INDEPTH EXAMINATION OF LOUISIANA LAW, THE PROCEDURES FOLLOWED IN CLEMENCY CASES ARE EXPLAINED. CHANGES BROUGHT ABOUT BY THE 1974 LOUISIANA CONSTITUTION ARE ANALYZED. JUDICIAL DECISIONS AFFECTING THE PROCESS ARE REVIEWED. THE MAJOR AREA OF CONTROVERSY IS THE EFFECT OF A FELONY CONVICTION ON AN EX-OFFENDER'S ATTEMPTS TO OBTAIN EMPLOYMENT. A TABLE REVIEWS THE REQUIREMENTS ATTACHED TO EACH OF THE LICENSED OCCUPATIONS IN LOUISIANA. MOST PROVIDE FOR REVOCATION OF A LICENSE IF THE HOLDER IS CONVICTED OF A FELONY OR FOR THE DENIAL OF A LICENSE TO A PERSON CONVICTED. A FELONY CONVICTION IS ALSO GROUNDS FOR A DIVORCE AND HAS MANY OTHER CIVIL IMPLICATIONS. THE EFFORTS OF THE 1974 LOUISIANA CONSTITUTION TO MODIFY SOME OF THESE DISABILITIES ARE REVIEWED. IT IS POINTED OUT THAT A PARDON RESTORES THESE LOST CIVIL RIGHTS. THIS IS THE REASON BEHIND THE AUTOMATIC FIRST OFFENDER PARDON PROVIDED FOR IN THE NEW CONSTITUTION. THE STATUS OF THIS PARDON HAS NOT BEEN TESTED IN THE COURTS, HOWEVER. SEVERAL PROBLEM AREAS IN THE USE OF EXECUTIVE CLEMENCY ARE IDENTIFIED, AND RECOMMENDATIONS ARE MADE. THESE INCLUDE JUDICIAL REVIEW OF REFUSALS, PROVISIONS FOR COMMUTATIONS OF SENTENCE, AND PROCEDURAL MATTERS. THE STUDY CONTAINS NUMEROUS FOOTNOTES, AND REFERENCES ARE PROVIDED. (GLR)