January 20, 2007
Seeking information on state restrictions on clemency
In thinking about the sad Gerarlow Wilson case (background here), I learned that Georgia's legislature may have completely barred the state's governor from being able to grant clemency in this sort of sex offense case. Similarly, one extraordinary aspect of the extraordinary Berger case (background here) is that it seems the Arizona legislature clearly did completely barred the state's governor from being able to grant clemency in certain cases.
Has anyone investigated or assembled information about substantive state restrictions on governor's clemency powers, particularly in non-capital cases? I know many states have long set forth procedural regulations to regulate the clemency and pardon power, but I think complete elimination of that power in certain classes of cases is a relatively new (and uniquely questionable) development.
Has anyone looked into these developments?