Post by Elena Romero on Feb 18, 2016 18:34:14 GMT
The first thing I did after reading the scenario with Doris was to actually research WHAT clemency is and HOW it directly related to the case in question. According to a legal dictionary website Clemency is "Leniency or mercy. A power given to a public official, such as a governor or the president, to in some way lower or moderate the harshness of punishment imposed upon a prisoner." When I read this definition alone, it seems to be that Doris SHOULD be granted clemency based SOLELY on her drug charge and not considering escape and evasion charges. Those charges I understand to be separate.
However, I decided to look a bit further into what clemency means specifically in state of Michigan, and found (according to the Michigan.gov website) that clemency is defined two different ways in the state of Michigan.
Pardon – The Governor uses his or her executive clemency powers to forgive a person convicted
of a crime. A pardon removes the conviction and the associated penalty from the books.
Commutation of Sentence – The Governor uses his or her executive clemency powers
to reduce a criminal sentence. This is not the same as a pardon, which wipes out the conviction
If the evaluation of the clemency falls under the definition of a pardon, I DO not believe that Doris Drugdealer should be considered. She has admitted to her guilt in the crime, as well as her involvement, and does not present any extenuating circumstance to be completely FORGIVEN of the conviction.
If the evaluation falls under a commutation of sentence, I believe that due to the harsh nature of the conviction she may qualify for a commutation of sentence that allows for a reduction of sentence.
I do not believe that Doris should be granted clemency of any kind in relation to her escape and evasion charges. There does not seem to be any reason to contest these charges or the pending sentence. I do however believe that she has a case to be granted clemency in relation to the original charge related to selling $200 worth of heroin to an undercover officer. The 10-20 year sentence for a non-violent drug related offense (and for a fairly small amount of heroin, considering the average dose is $20), seems to be overly harsh and it would be reasonable in my opinion to fight for (and grant) a reduction in sentence.