newsobserver.com projects - Alan Middleton - Comments

Re: Innocent question

gercohen — Mon, 11 Jun 2007 12:14:35 -0400

Here is the constitutional provision:
Article III, Section 5
"(6) Clemency. The Governor may grant reprieves, commutations, and pardons, after conviction, for all offenses (except in cases of impeachment), upon such conditions as he may think proper, subject to regulations prescribed by law relative to the manner of applying for pardons. The terms reprieves, commutations, and pardons shall not include paroles."

You are correct, unlike the federal, the Governor may not act until conviction.

Re: Pardon before conviction?

ryanteaguebeckwith — Mon, 11 Jun 2007 11:22:51 -0400

It appears from here that the N.C. governor can't pardon until after a conviction and sentencing, though a sentence can be commuted or reduced.

Pardon - may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense. (Italics mine.)

That would be different from the federal level, as explained here:

Pardons can take place before or after a criminal proceeding.

— RTB

Pardon before conviction?

ryanteaguebeckwith — Mon, 11 Jun 2007 11:14:17 -0400

Good point. Any lawyers out there?

— RTB

Re: Innocent question

lefaim — Mon, 11 Jun 2007 10:58:46 -0400

Nixon

Re: Innocent question

ryanteaguebeckwith — Mon, 11 Jun 2007 10:40:35 -0400

Um.

Anyway, you can't pardon someone until they've been convicted, I believe.

— RTB

Re: Innocent question

cthayes75 — Mon, 11 Jun 2007 10:12:06 -0400

Ryan,

You forgot T.W. in Wilmington.