Georgia State Board of Pardons and Paroles
Encyclopedia
The Georgia State Board of Pardons and Paroles is a five-member committee authorized to grant parole
s, pardon
s, reprieves, remissions, commutation
s, and, according to the Board's website, "to restore civil and political rights". Created by Constitutional amendment in 1943, it is part of the executive branch of Georgia's government. Members are appointed by the governor to staggered, renewable seven-year terms subject to confirmation by the State Senate.
Each year the Board elects one of its members to serve as chairman. The current chairman of the Board is James E. Donald, whose term began on January 5, 2009 and will end on December 31, 2015. Donald was elected chairman in June 2010 and re-elected in May 2011.
s, parole
s, and other forms of clemency. Parole is the discretionary decision of the Board to release a certain offender from confinement after he or she has served an appropriate portion of a prison sentence. Persons on parole remain under state supervision and control according to conditions which, if violated, allow for re-imprisonment.
Clemency is given by the Board at its discretion. The Board is the primary Georgia authority with the ability to commute death sentence
s (the Supreme Court of Georgia also has this authority). Georgia is one of the three states whose governor does not have the authority to grant clemency, although he retains indirect influence by virtue of his power to appoint Board members.
. Davis was convicted despite a lack of physical evidence presented at trial; no murder weapon was ever found, nor was any DNA evidence linking Davis to the crime. Furthermore, a majority of the eyewitnesses who testified in Davis's initial trial have since recanted their testimony under sworn affidavits. Other questions have arisen regarding Davis's guilt, including the assertion of some of the original witnesses that another man was the actual perpetrator. Davis has steadfastly claimed throughout the years that he was wrongfully convicted of the crime. The courts say they have given Davis ample time to prove this point but new evidence and recanted testimony didn't happen until his limitations time had passed.
The Board stayed
Davis's scheduled July 17, 2007 execution, but a year later it refused to postpone his new date of September 23, 2008. The Supreme Court of the United States
convened an emergency hearing on whether or not to issue a stay; the Court decided in favor of a stay just two hours before the planned execution. When later considering whether to have a complete retrial, the Supreme Court denied certiorari, and allowed the State of Georgia to acquire a new execution warrant
for Mr. Davis, whose new execution date was set for October 27, 2008.
On October 24, 2008, the United States Court of Appeals for the Eleventh Circuit
issued a stay of execution, pending a decision on Davis's federal habeas corpus
petition. This stay was later overturned.
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
s, pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s, reprieves, remissions, commutation
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
s, and, according to the Board's website, "to restore civil and political rights". Created by Constitutional amendment in 1943, it is part of the executive branch of Georgia's government. Members are appointed by the governor to staggered, renewable seven-year terms subject to confirmation by the State Senate.
Each year the Board elects one of its members to serve as chairman. The current chairman of the Board is James E. Donald, whose term began on January 5, 2009 and will end on December 31, 2015. Donald was elected chairman in June 2010 and re-elected in May 2011.
Parole and clemency
The Board is the primary authority in Georgia assigned the power to grant pardonPardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s, parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
s, and other forms of clemency. Parole is the discretionary decision of the Board to release a certain offender from confinement after he or she has served an appropriate portion of a prison sentence. Persons on parole remain under state supervision and control according to conditions which, if violated, allow for re-imprisonment.
Clemency is given by the Board at its discretion. The Board is the primary Georgia authority with the ability to commute death sentence
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
s (the Supreme Court of Georgia also has this authority). Georgia is one of the three states whose governor does not have the authority to grant clemency, although he retains indirect influence by virtue of his power to appoint Board members.
Troy Davis case
The Board has been the subject of international media attention due to its handling of the death row case of Troy Anthony Davis, an African-American sports coach who was convicted in 1991 of murder based largely on eyewitness identificationEyewitness identification
Eyewitness identification, in criminal law, is evidence received from a witness "who has actually seen an event and can so testify in court"....
. Davis was convicted despite a lack of physical evidence presented at trial; no murder weapon was ever found, nor was any DNA evidence linking Davis to the crime. Furthermore, a majority of the eyewitnesses who testified in Davis's initial trial have since recanted their testimony under sworn affidavits. Other questions have arisen regarding Davis's guilt, including the assertion of some of the original witnesses that another man was the actual perpetrator. Davis has steadfastly claimed throughout the years that he was wrongfully convicted of the crime. The courts say they have given Davis ample time to prove this point but new evidence and recanted testimony didn't happen until his limitations time had passed.
The Board stayed
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
Davis's scheduled July 17, 2007 execution, but a year later it refused to postpone his new date of September 23, 2008. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
convened an emergency hearing on whether or not to issue a stay; the Court decided in favor of a stay just two hours before the planned execution. When later considering whether to have a complete retrial, the Supreme Court denied certiorari, and allowed the State of Georgia to acquire a new execution warrant
Execution warrant
An execution warrant is a writ which authorizes the execution of a judgment of death on an individual...
for Mr. Davis, whose new execution date was set for October 27, 2008.
On October 24, 2008, the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
issued a stay of execution, pending a decision on Davis's federal habeas corpus
Habeas corpus in the United States
Habeas corpus , Latin for "you [shall] have the body," is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment...
petition. This stay was later overturned.